Bathula (Migration)

[2022] AATA 3164

Bathula (Migration) [2022] AATA 3164 (16 September 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Sai Kiran Bathula

CASE NUMBER:  2211670

HOME AFFAIRS REFERENCE(S):          BCC2021/1674718

MEMBER:Wendy Banfield

DATE:16 September 2022

PLACE OF DECISION:  Canberra

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 16 September 2022 at 3:34pm

CATCHWORDS
MIGRATION – Student (Class TU) visa – Subclass 500 (Student) – health insurance – confirmation of health cover provided to tribunal – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
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 Home Affairs to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 27 August 2021. The delegate refused to grant the visa on 26 July 2022.

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 (Cth) (the Regulations).

3. On 12 August 2022 the Tribunal received Confirmation of Health Cover in the name of the applicant from 15/12/2024 to 15/12/2024. 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.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   decision

5. 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