Sorry, but yes, that is overweight
It is impossible to make that judgement with no information about the build, activity levels, waist size or body fat percentage of the individual.
If they're a fine build, flabby, poor muscle tone with excess fat around their middle, then yes they are overweight.
But if they have a large frame, small waist, lower body fat percentage and muscular, particular if toned and muscular bum/thighs, which can contribute a lot to weight, then they aren't.
BMI is only a guide, waist size and body fat percentage is a far better indication of health.