Singh (Migration)

[2024] AATA 2660

Singh (Migration) [2024] AATA 2660 (12 July 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Amritpal Singh

REPRESENTATIVE:  Mr Jayapal Reddy Vadlakonda (MARN: 0957482)

CASE NUMBER:  2413958

HOME AFFAIRS REFERENCE(S):          BCC2023/7025383

MEMBER:David McCulloch

DATE:12 July 2024

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 500 visa:

·Public Interest Criterion 4005 of cl 500.217 of Schedule 2 to the Regulations

Statement made on 12 July 2024 at 1:28pm

CATCHWORDS  
MIGRATION – Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – applicant met health requirements – meets the requirement in PIC 4005(1) – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360

Migration Regulations 1994, Schedule 2, cl 500.217

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 Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 4 December 2023. The delegate refused to grant the visa on 24 May 2024.

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 12 June 2024 the Tribunal received information from government systems that the applicant met health requirements. 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 500 visa:

   •          Public Interest Criterion 4005 of cl 500.217 of Schedule 2 to the Regulations

   David McCulloch
   Member