1609033 (Migration)

[2016] AATA 4714

1609033 (Migration) [2016] AATA 4714 (25 November 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Miro Olavi Hursti

CASE NUMBER:  1609033

DIBP REFERENCE(S):  BCC2016/533423

MEMBER:Denise Connolly

DATE:25 November 2016

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for a Temporary Business Entry (Class UC) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 457 visa:

·cl.457.223B of Schedule 2 to the Regulations.

Statement made on 25 November 2016 at 12:24pm

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 2 June 2016 to refuse to grant the visa applicant a Temporary Business Entry (Class UC) visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicant applied for the visa on 4 February 2016. At the time the application was lodged, Class UC contained Subclass 457. The criteria for a Subclass 457 visa are set out in Part 457 of Schedule 2 to the Migration Regulations 1994 (the Regulations).

3. The delegate refused to grant the visa on the basis that cl.457.223B was not met because the applicant had not provided evidence of adequate arrangements for health insurance.

4. The applicant was represented in relation to the review by his registered migration agent.

5. The applicant has now provided to the Tribunal evidence of health insurance cover issued by Bupa commencing 8 June 2016.

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

   CONSIDERATION OF CLAIMS AND EVIDENCE

7. The issue in this case is whether the applicant meets cl.457.223B, which requires the Minister to be satisfied that the applicant has adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

8. The Tribunal has had regard to the policy documents issued to the applicant by Bupa indicating he has Essential Visitors health cover commencing 8 June 2016. There is no expiry date for this cover. The Tribunal has considered information on Bupa’s website confirming this cover is adequate for the purposes of complying with visa condition 8501. 

9. The Tribunal is satisfied that these arrangements are adequate for the applicant and cover the period of his intended stay in Australia. The Tribunal is therefore satisfied that the applicant has adequate arrangements in Australia for health insurance during the period of his intended stay in Australia. The Tribunal finds that the applicant meets the requirements cl.457.223B.

10. Given the findings above, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 457 visa.

    DECISION

11. The Tribunal remits the application for a Temporary Business Entry (Class UC) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 457 visa:

    ·cl.457.223B of Schedule 2 to the Regulations.

    Denise Connolly
    A/g Senior Member