ALQAHTANI (Migration)

[2018] AATA 2373

ALQAHTANI (Migration) [2018] AATA 2373 (21 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Fahad Saad T ALQAHTANI

CASE NUMBER:  1810626

DIBP REFERENCE(S):  BCC2018/749753

MEMBER:Wendy Banfield

DATE:21 May 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:

·cl.500.215 of Schedule 2 to the Regulations

Statement made on 21 May 2018 at 9:41pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Evidence of adequate health insurance not provided to the Department – Evidence of adequate health insurance subsequently provided to the Tribunal – Decision remitted with direction

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.215

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 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 14 February 2018. The delegate refused to grant the visa on 12 April 2018.

2. The delegate made the decision on the basis that evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 18 May 2018 the Tribunal received Confirmation of Health Cover in the name of the applicant for the relevant period. In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

4. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.215 of Schedule 2 to the Regulations

   Wendy Banfield
   Member