Suwapong (Migration)

[2022] AATA 2794

Suwapong (Migration) [2022] AATA 2794 (24 May 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Thanaya Suwapong

CASE NUMBER:  2118641

HOME AFFAIRS REFERENCE(S):          BCC2019/4974391

MEMBER:Justin Meyer

DATE:24 May 2022

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 820 visa:

·     PIC 4007(1)(aa) for the purposes of cl.820.223(1)(a) of Schedule 2 to the Regulations

Statement made on 24 May 2022 at 12:35pm

CATCHWORDS
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – health criteria – medical assessment provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 820.223; Schedule 4, PIC 4007

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 Partner (Temporary) (Class UK) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 4 October 2019. The delegate refused to grant the visa on 29 November 2021.

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 21 February 2022 the Tribunal received confirmation from departmental records that this assessment had been made. 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 820 visa:

   ·PIC 4007(1)(aa) for the purposes of cl.820.223(1)(a) of Schedule 2 to the Regulations.

   Justin Meyer
   Member