Armandine (Migration)

[2018] AATA 4065

Armandine (Migration) [2018] AATA 4065 (27 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Master Ethan Joseph Armandine

CASE NUMBER:  1825324

DIBP REFERENCE(S):  BCC2017/950851

MEMBER:Stephen Witts

DATE:27 September 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.500.314 of Schedule 2 to the Regulations

Statement made on 27 September 2018 at 11:39am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – genuine temporary entrant – health insurance – evidence of Overseas Student Health Cover provided – decision under review remitted for reconsideration 

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 500.314

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 10 March 2017. The delegate refused to grant the visa on 10 August 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 in Australia was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. The Tribunal has now received confirmation of Overseas Student Health Cover for the applicant in a Verification Letter dated 30 August 2018 (AAT file folio 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

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

   ·cl.500.314 of Schedule 2 to the Regulations

   Stephen Witts
   Member