Sharma (Migration)

[2023] AATA 3139

Sharma (Migration) [2023] AATA 3139 (11 September 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Suruchi Sharma
Mr Bikram Gautam

REPRESENTATIVE:  Ms Sushma Sapkota (MARN: 1792129)

CASE NUMBER:  2313159

HOME AFFAIRS REFERENCE(S):          BCC2022/4892707

MEMBER:David Crawshay

DATE:11 September 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for Skilled (Provisional) (Class VC) visas for reconsideration, with the direction that the first-named applicant meets the following criterion for a Subclass 485 (Temporary Graduate) visa:

·PIC 4005 for the purposes of cl.485.216(1) of Schedule 2 to the Regulations.

Statement made on 11 September 2023 at 5:03pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – health criteria – health examination undertaken – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 485.216; Schedule 4, PIC 4005

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of decisions made by a delegate of the Minister for Home Affairs on 21 August 2023 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 17 November 2022. The delegate refused to grant the visa on the basis that the first named applicant (now referred to as the applicant) did not satisfy cl.485.216(1) of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations) because the health criteria in Public Interest Criterion (“PIC”) 4005 of Schedule 4 to the Regulations was not met as the applicant had not undertaken a health examination.

2. Since the delegate’s decision, Department records show that the health requirement was found to have been finalised in respect of the first-named applicant on 24 August 2023. On the basis of this information, the Tribunal accepts that the first-named applicant meets PIC 4005.

3. Given the finding above, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 485 visa, including those relating to the second-named applicant.

   DECISION

4. The Tribunal remits the application for Skilled (Provisional) (Class VC) visas for reconsideration, with the direction that the first-named applicant meets the following criterion for a Subclass 485 (Temporary Graduate) visa:

   ·PIC 4005 for the purposes of cl.485.216(1) of Schedule 2 to the Regulations.

   David Crawshay
   Member