Zhang (Migration)

[2022] AATA 1898

Zhang (Migration) [2022] AATA 1898 (1 June 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Tao Zhang

REPRESENTATIVE:  Mr Han Yan (MARN: 1382072)

CASE NUMBER:  2205605

HOME AFFAIRS REFERENCE(S):          BCC2020/616375

MEMBER:Mary Sheargold

DATE:1 June 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 485 visa:

·Public Interest Criterion 4005 for the purposes of cl 485.216(1) of Schedule 2 to the Regulations.

Statement made on 01 June 2022 at 8:15pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – health requirement – medical assessment provided upon review – decision under review remitted         

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 485.216; Schedule 4, Public Interest Criterion 4005

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 Skilled (Provisional) (Class VC) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 28 February 2020. The delegate refused to grant the visa on 25 March 2022.

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 9 May 2022, the Tribunal received confirmation that the applicant had undergone and passed the required medical assessment.  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 485 visa:

   ·Public Interest Criterion 4005 for the purposes of cl 485.216(1) of Schedule 2 to the Regulations.

   Mary Sheargold
   Member