Sun (Migration)

[2025] ARTA 422

SUN (MIGRATION) [2025] ARTA 422 (21 FEBRUARY 2025)

DECISION AND  

REASONS FOR DECISION

Applicant:Mr Ruibo Sun

Respondent:  Minister for Immigration and Multicultural Affairs

Tribunal Number:  2445402

Tribunal:Jessica Henderson

Place:Perth

Date:  21 February 2025

Decision:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:

·cl 500.217(4) of Schedule 2 to the Regulations

Statement made on 21 February 2025 at 11:14am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – medical assessment – evidence of appointment provided and departmental records confirm requirements met – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), Schedule 2, cl 500.217(4)

STATEMENT OF 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 19 April 2024. The delegate refused to grant the visa on 6 November 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 31 January 2025 the Tribunal received evidence from the applicant that his medical appointment had been held on 30 January 2025. The Tribunal accessed the Integrated Client Service Environment for the applicant on 31 January 2025 which confirms that he meets the health requirements for the visa. 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:

   ·cl 500.217(4) of Schedule 2 to the Regulations

   Representative for the Applicant:           Mr Yi Fang (MARN: 2318202)