Balbir Kaur (Migration)

[2018] AATA 3000

Balbir Kaur (Migration) [2018] AATA 3000 (3 July 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss  Balbir Kaur

CASE NUMBER:  1811558

DIBP REFERENCE(S):  BCC2018/988976

MEMBER:Stephen Witts

DATE:3 July 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 03 July 2018 at 12:07pm

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 1 March 2018. The delegate refused to grant the visa on 6 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 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 adequate evidence of the applicant’s health insurance during the period of the applicant’s intended stay in Australia. The applicant has provided a verification letter of overseas student health cover which will remain active until 30 June 2022. The applicants intended study for a Bachelor of Nursing also has an end date of 30 June 2022. The verification letter is dated 23 April 2018. The membership number is 8729 6398. 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

   Stephen Witts
   Member