Samad (Migration)

[2023] AATA 3875

Samad (Migration) [2023] AATA 3875 (16 November 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Noor Samad
Mrs Sidra Noor Samad

CASE NUMBER:  2313093

HOME AFFAIRS REFERENCE(S):          BCC2023/3985898

MEMBER:Mary Sheargold

DATE:16 November 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 485 visa:

·Public Interest Criterion 4005(1)(aa)(i) for the purposes of cl 485.216 of Schedule 2 to the Regulations.

Statement made on 16 November 2023 at 6:01pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – health requirement – medical assessment provided upon review – decision under review remitted         

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 485.216; Public Interest Criterion 4005

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs to refuse to grant the applicants Skilled (Provisional) (Class VC) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 12 July 2023. The delegate refused to grant the visas on 16 August 2023.

2. The delegate made the decision on the basis that evidence of a medical assessment was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations).

3. On 10 October 2023, the Tribunal received evidence that the applicants had completed the medical assessment required by PIC 4005(1)(aa)(i).  In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration, including in relation to the secondary applicant.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicants on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 485 visa:

   ·Public Interest Criterion 4005(1)(aa)(i) for the purposes of cl 485.216 of Schedule 2 to the Regulations.

   Mary Sheargold
   Member