Worts (Migration)

[2018] AATA 5500

Worts (Migration) [2018] AATA 5500 (9 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Ann Worts

CASE NUMBER:  1811180

DIBP REFERENCE(S):  CLF2014/108958

MEMBER:Mary Urquhart

DATE:9 November 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for a Contributory Aged Parent (Temporary) (Class UU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 884 (Contributory Aged Parent (Temporary)) visa:

·PIC 4005(1) for the purposes of cl. 884.224 of Schedule 2 to the Regulations.

Statement made on 09 November 2018 at 10:29am

CATCHWORDS
MIGRATION – Family ­– Contributory Aged Parent (Temporary)(Class UU) – Subclass 884 – request for medical information – medical information provided – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65
Migration Regulations 1994, Schedule 2, cl 884.224, PIC 4005(1)

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 Contributory Aged Parent (Temporary) (Class UU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 6 August 2014.

2. On 9 September 2014 the Department requested the applicant to provide further documentation to enable further processing of the application. Among the information requested was a medical examination report.

3. On 18 February 2018 a further request was made to the applicant to provide medical information.

4. The delegate refused to grant the visa on 12 April 2018.

5. The delegate made the decision on the basis that medical evidence requested was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations) at the date of decision.

6. On 11 October 2018 the Tribunal received new information indicating that no health concerns have been identified and recommending the applicant is health cleared. 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

7. The Tribunal remits the application for a Contributory Aged Parent (Temporary) (Class UU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 884 (Contributory Aged Parent (Temporary)) visa:

   ·    PIC 4005(1) for the purposes of cl. 884.224 of Schedule 2 to the Regulations.

   Mary Urquhart
   Member