Surjit Singh (Migration)

[2019] AATA 1145

Surjit Singh (Migration) [2019] AATA 1145 (8 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Sukhbeer Kaur Surjit Singh
Mr Rubendran Nadarajah

CASE NUMBER:  1715353

DIBP REFERENCE(S):  BCC2017/1170316

MEMBER:Warren Stooke AM

DATE:8 January 2019

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 485 visa:

·cl.485.216 of Schedule 2 to the Regulations

Statement made on 08 January 2019 at 10:38am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 – health requirement form received – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 485.216

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 applicants Skilled (Provisional) (Class VC) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 27 March 2017. The delegate refused to grant the visas on 29 June 2017.

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. On 20 December 2018 the Tribunal received a Form 884: Opinion of a Medical Officer of the Commonwealth that the applicant meets the health requirement pertaining to her visa application. 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. The Tribunal notes that the delegate has not assessed the applicant in relation to other criteria pertaining to the application, which will need to be assessed.

5. Further, the Tribunal has not made any decision in relation to the secondary applicants, as the primary applicant has not been assessed in relation to the remaining criteria for the grant of a Subclass 485 visa.

   DECISION

6. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 485 visa:

   ·cl.485.216 of Schedule 2 to the Regulations

   Warren Stooke AM
   Member