1509604 (Migration)

[2015] AATA 3828

1509604 (Migration) [2015] AATA 3828 (1 December 2015)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Chi Ming Ma

CASE NUMBER:  1509604

DIBP REFERENCE(S):  BCC2015/826441

MEMBER:Antonio Dronjic

DATE:1 December 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:

·cl.573.225 of Schedule 2 to the Regulations.

Statement made on 01 December 2015 at 12:12pm

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 13 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 13 March 2015.The delegate refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl.573.225 of Schedule 2 to the Migration Regulations 1994 (the Regulations) because the applicant did not provide evidence of arrangements for health insurance as required by c.573.225.

3. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

4. Following the lodgement of the application to the Tribunal, the applicant provided a letter from Allianz Insurance, stating that the applicant has single status Overseas Student Health Cover commencing on 30 March 2015 and it will remain active until 29 March 2016. He also provided COE from Monash University as evidence that he is enrolled into Bachelor of Aerospace Engineering course from 27 February 2012 to 31 December 2015.

5. The Tribunal finds, therefore, that the applicant has provided evidence of adequate arrangements in Australia for health insurance and that he meets cl.573.225 of Schedule 2.

6. Given the above findings, the appropriate course is for the Tribunal to remit the matter for reconsideration of the remaining criteria.

   DECISION

7. The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration with the direction that the applicant meets the following criteria:

   ·cl.573.225 of Schedule 2 to the Regulations.

   Antonio Dronjic
   Member