Yoon (Migration)

[2019] AATA 1042

Yoon (Migration) [2019] AATA 1042 (27 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Haeum Yoon

CASE NUMBER:  1806975

DIBP REFERENCE(S):  BCC2018/552362

MEMBER:Meredith Jackson

DATE:27 March 2019

PLACE OF DECISION:  Brisbane

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 of Schedule 2 to the Regulations

Statement made on 27 March 2019 at 2:04pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – medical assessment – evidence received by Tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.217

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 Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 1 February 2018. The delegate refused to grant the visa on 5 March 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 22 March 2019 the Tribunal received evidence of an email to the applicant from Bupa Medical Visa Services dated 13 April 2018, stating that the applicant had attended the service for a medical assessment and that results would be submitted to the Department of Immigration and Border Protection within five working days.

4. The Tribunal has confirmed in Departmental records that the Health requirement was finalised on 15 April 2018 and was auto-cleared.

5. 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

6. 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 of Schedule 2 to the Regulations

   Meredith Jackson
   Member