1509515 (Migration)

[2015] AATA 3727

1509515 (Migration) [2015] AATA 3727 (24 November 2015)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Prakash Chitty

CASE NUMBER:  1509515

DIBP REFERENCE(S):  BCC20158/786743

MEMBER:Tim Connellan

DATE:24 November 2015

PLACE OF DECISION:  Melbourne

DECISION: The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 573 Higher Education Sector visa:

·  cl.573.225 of Schedule 2 to the Regulations.

Statement made on 24 November 2015 at 3:31pm

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 on 9 July 2015 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 573 visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicant applied for the visa on 11 March 2015. The delegate refused to grant the visa on the basis that the applicant had not met the requirements of cl.573.225 which requires the applicant to provide evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

3. On 15 July 2015 the applicant applied to the Migration Review tribunal for review of the decision.

4. With the review application, the applicant provided evidence of Overseas Student Health Cover with Bupa Australia current until 24 April 2016.

5. After considering the available evidence, the Tribunal was satisfied that pursuant to s.360(2)(a) of the Act,  it should decide the review in the applicant’s favour. Therefore no hearing was required.

6. The issue in the present case is whether the applicant meets the requirements of cl.573.225.

7. From the evidence of health insurance provided, the Tribunal is satisfied and therefore finds the applicant meets the requirements of 573.225.

8. Having found the applicant meets cl.573.225, the Tribunal will remit the matter to the department for consideration.

   DECISION

   The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration with the direction that the applicant meets the following criteria for a Subclass 573 Higher Education Sector visa:

   ·cl.573.225 of Schedule 2 to the Regulations.

   Tim Connellan
   Member