Wu (Migration)

[2019] AATA 2661

Wu (Migration) [2019] AATA 2661 (5 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Zhengrong Wu

VISA APPLICANTS:  Mrs Liyun Liu
Mr Yuxuan Cheng

CASE NUMBER:  1819142

DIBP REFERENCE(S):  OSF2014/085224

MEMBER:Russell Matheson

DATE:5 April 2019

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 143 visa:

·cl.143.224 of Schedule 2 to the Regulations; and

the secondary applicant meets

·cl.143.324 of Schedule 2 to the Regulations.

Statement made on 05 April 2019 at 8:13am

CATCHWORDS
MIGRATION – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 – health assessment – meets health criteria – evidence provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65

Migration Regulations 1994, Schedule 2, cls 143.224, 143.324

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 visa applicants (the applicants) Contributory Parent (Migrant) (Class CA) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 27 March 2014. The delegate refused to grant the visas on 21 June 2018.

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 15 January 2019 the Tribunal received health assessments from the Department for the primary applicant (Mrs Liu) and secondary applicant (Mr Cheng) showing that the applicants had undertaken the medical assessment specified by the Minister indicating the applicants  had no health issues and meet the primary criteria specified, which is PIC 4005. 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

4. The Tribunal remits the application for reconsideration, with the direction that the first named visa applicant meets the following criteria for a Subclass 143 visa:

   ·cl.143.224 of Schedule 2 to the Regulations; and

   the secondary visa applicant meets

   ·cl.143.324 of Schedule 2 to the Regulations.

   Russell Matheson
   Member