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[AAT 케이스] 485 비자 신청및비자결정시까지 신체검사제출하지 않아 거절 – AAT에서 승소

485 비자를 신청할 때는 물론이고 485 비자 final decision 까지 신체검사를 하지 않아서 비자 거절되고 AAT에 재심을 요청후 승소를 합니다.

이민법무사로서 참 궁금한 점은 왜 미리 하지 않아서 이렇게 재심이라는 것을 해야 하는지 이유를 잘 모르겠다는 것입니다.

 

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass  485  (Temporary Graduate) – health requirement – Medical Officer of the Commonwealth assessment – evidence of medical examination provided upon review – decision under review remitted

 

  1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 29 May 2024, to refuse to grant Mr Saif Ullah Saad (the applicant) a Skilled (Provisional) (Class VC) visa under s 65 of the Migration Act 1958 (Cth) (the Act).
  1. The applicant applied for the visa on 30 March 2024. The delegate refused to grant the visa on the basis that the applicant did not satisfy cl  485 .216 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations) because the health criteria in Public Interest Criterion (‘PIC’) 4005 of Schedule 4 to the Regulations was not met.
  1. The applicant applied to the Tribunal on 19 June 2024, for review of the delegate’s decision. The application was accompanied by a copy of the primary decision record. The Tribunal also has before it the Department file containing all information before the delegate at the time of their decision.
  2. 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 based on the material before it, pursuant to s 360(2)(a) of the Act.
  3. The applicant was represented in relation to the review.
    1. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

  4. CONSIDERATION OF CLAIMS AND EVIDENCE

    1. The issue in this review is whether the visa applicant meets Public Interest Criterion (PIC) 4005 as required by the criteria for the grant of the visa. Public Interest Criterion 4005, as it applies to this case, is extracted in the attachment to this decision. It requires the applicant, in certain circumstances, to undergo medical assessment, and to be free of certain diseases or conditions that may impact on the community. At the time the delegate made their decision the applicant had not provided evidence to support he had undertaken a medical assessment.

    Has the applicant undertaken a medical assessment (PIC 4005(1)(aa))?

    1. Public Interest Criterion 4005(1)(aa) requires that if the applicant is in a specified class of persons, he or she must undertake the specified medical assessment and be assessed by a specified person unless a Medical Officer of the Commonwealth (MOC) decides otherwise.
    2. Since the delegate’s decision, the Tribunal has received confirmation from the Department that the applicant undertook the required medical examination on 19 August 2024 and meets the health requirements for his subclass  485  visa application. On the basis of this information, the Tribunal accepts that the applicant satisfies the requirements of PIC 4005(1)(aa).
    3. Given the findings above, the appropriate course is for the Tribunal to remit the matter to the Minister for reconsideration of the remaining criteria for the visa.

Timeline Summary 

30/03/2024 – 485 비자 신청

29/05/2024 – 비자 거절

19/06/2024 – AAT 재심 신청

25/10/2024 – AAT 승소

 

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Last update: 2024년 10월 31일

 

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