Siddiqui (Migration)

[2019] AATA 1035

Siddiqui (Migration) [2019] AATA 1035 (11 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Mahmood Hussain Siddiqui

CASE NUMBER:  1835234

DIBP REFERENCE(S):  BCC2018/4250897

MEMBER:Brendan Darcy

DATE:11 February 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 visa:

·cl.600.213 of Schedule 2 to the Regulations

Statement made on 11 February 2019 at 9:42am

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – subclass 600 (Visa) – health clearance provided – applicant meets Public Interest Criterion 4005 – Decision under review remitted

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cl 600.213

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 Immigration to refuse to grant the applicant a Visitor (Class FA) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 29 September 2018. The delegate refused to grant the visa on 12 November 2018.

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 (the Regulations).

3. The Tribunal now has information that on 9 January 2019, the review applicant completed the health examination. The information was received when the Department of Home Affairs updated the applicant’s ICSE records on 15 January 2019, indicating that the applicant has received a health clearance. As the departmental records indicate that the review applicant meets Public Interest Criterion 4005, as he has been medically cleared.

4. 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.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 600 visa:

   ·cl.600.2013 of Schedule 2 to the Regulations

   Brendan Darcy
   Member