Sehgal (Migration)

[2022] AATA 2274

Sehgal (Migration) [2022] AATA 2274 (17 May 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Wazir Chand Sehgal

REPRESENTATIVE:  Mr Uday Kumar Mishra (MARN: 0215810)

CASE NUMBER:  2112817

HOME AFFAIRS REFERENCE(S):          CLF2018/42221

MEMBER:David Barker

DATE:17 May 2022

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 804 visa:

·PIC 4005(1) for the purposes of cl 804.225 of Schedule 2 to the Regulations

Statement made on 17 May 2022 at 10:25am

CATCHWORDS

MIGRATION – Aged Parent (Residence) (Class BP) visa – Subclass 804 (Aged Parent) –evidence of a medical assessment provided – new evidence received –decision under review remitted

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cl 804.225, Schedule 4

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 applicant a Aged Parent (Residence) (Class BP) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 6 April 2018. The delegate refused to grant the visa on 3 September 2021.

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 2 February 2022 the Tribunal received evidence of the applicant’s appointment with Bupa Medical Visa Services on 4 May 2022. A review of Department records on 15 May 2022 show that the applicant finalised the health requirement on 5 May 2022. 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.

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 applicant 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 applicant meets the following criteria for a Subclass 804 visa:

   ·PIC 4005(1) for the purposes of cl 804.225 of Schedule 2 to the Regulations

   David Barker
   Member