Shahbaz (Migration)

[2022] AATA 4841

Shahbaz (Migration) [2022] AATA 4841 (11 November 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Muhammad Shahbaz
Mrs Faiza Kanwal
Miss Faatimah Shahbaz

REPRESENTATIVE:  Mr Ejaz Khan

CASE NUMBER:  2211925

HOME AFFAIRS REFERENCE(S):          BCC2019/5620270

MEMBER:Mary Sheargold

DATE:11 November 2022

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 189 visa:

·Public Interest Criterion 4007(1) for the purposes of cl 189.234 of Schedule 2 to the Regulations.

Statement made on 11 November 2022 at 10:16am

CATCHWORDS
MIGRATION – Skilled Independent (Permanent) visa– Subclass 189 – applicants had completed all required medical testing – Public Interest Criterion 4007(1) – evidence of medical assessment provided –– decision under review remitted   

LEGISLATION
Migration Act 1958, ss 65,360
Migration Regulations 1994, Schedule 2, cl 189.234

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 Independent (Permanent) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 7 November 2019. The delegate refused to grant the visas on 28 July 2022.

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 7 September 2022, the Tribunal received confirmation that the applicants had completed all required medical testing and had been cleared by the Medical Officer of the Commonwealth for the purposes of PIC 4007(1).  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 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 189 visa:

   ·Public Interest Criterion 4007(1) for the purposes of cl 189.234 of Schedule 2 to the Regulations.

   Mary Sheargold
   Member