Zhong (Migration)

[2019] AATA 2021

Zhong (Migration) [2019] AATA 2021 (8 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Yu Zhong
Mr Yunfan Zhong

CASE NUMBER:  1900332

DIBP REFERENCE(S):  BCC2016/4204423

MEMBER:Helena Claringbold

DATE:8 April 2019

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the second for a Subclass 820 visa:

·Public Interest Criteria 4007 for the purpose of cl.820.224(1A)(b) of Schedule 2 to the Regulations

Statement made on 08 April 2019 at 7:37am

CATCHWORDS
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 – medical assessment provided – met the health requirement – Public Interest Criteria 4007 met – Decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 820.224

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 applicants Partner (Temporary) (Class UK) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 13 December 2016. The delegate refused to grant the visas on 20 December 2018.

2. The delegate made the decision on the basis that evidence of a medical assessment was not provided, for the second named visa applicant, as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 29 March 2019 the Tribunal received information that the secondary visa applicant completed the medical assessment and met the health requirement. 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 applications for reconsideration, with the direction that the second named applicant visa meets the following criteria for a Subclass 820 visa:

   ·Public Interest Criteria 4007 for the purpose of cl.820.224(1A)(b) of Schedule 2 to the Regulations

   Helena Claringbold
   Member