AN (Migration)

[2018] AATA 2371

AN (Migration) [2018] AATA 2371 (23 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Kana AN

CASE NUMBER:  1806055

DIBP REFERENCE(S):  BCC2018/323405

MEMBER:Tim Connellan

DATE:23 May 2018

PLACE OF DECISION:  Melbourne

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 23 May 2018 at 9:51am

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 19 January 2018. The delegate refused to grant the visa on 1 March 2018.

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

3. Evidence before the Tribunal is that the applicant is enrolled in studies scheduled to run until 14 September 2019.

4. On 11 May 2018 the Tribunal received evidence of an OSHC policy with AHM current until 1 March 2020.  

5. 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

6. 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

   Tim Connellan
   Member