An (Migration)

[2019] AATA 1047

An (Migration) [2019] AATA 1047 (26 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Minji An
Mr Jun Eui Hong

CASE NUMBER:  1832916

DIBP REFERENCE(S):  BCC2018/3382062

MEMBER:Meredith Jackson

DATE:26 March 2019

PLACE OF DECISION:  Brisbane

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

·cl.500.215 of Schedule 2 to the Regulations

The second named applicant to be reconsidered on the basis of the remit of the primary applicant.

Statement made on 26 March 2019 at 3:11pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – adequate arrangements for relevant period – evidence before the Tribunal – decision under review remitted

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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 6 September 2018. The delegate refused to grant the visas on 18 October 2018.

2. The delegate made the decision on the basis that evidence of adequate health insurance for the applicants was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 22 March 2019 the Tribunal received evidence in the form of a submission from the primary applicant of Overseas Student Health Cover for the primary and secondary applicant valid from 1 October 2018 until 30 November 2019.  The Tribunal also received a Confirmation of Enrolment for the primary applicant’s current enrolment in an Advanced Diploma of Hospitality Management, which commenced on 1 October 2018 and is due to finish on 20 September 2019.

4. 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

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

   ·cl.500.215 of Schedule 2 to the Regulations

   The second named applicant to be reconsidered on the basis of the remit of the first named applicant.

   Meredith Jackson
   Member