Battu (Migration)

[2017] AATA 2394

Battu (Migration) [2017] AATA 2394 (10 November 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Sandeep Kumar Battu

CASE NUMBER:  1716352

DIBP REFERENCE(S):  BCC2017/969768

MEMBER:Stephen Conwell

DATE:10 November 2017

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 10 November 2017 at 5:16pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) – Subclass 500 (Student) visa – Evidence of overseas health cover

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, 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 12 March 2017. The delegate refused to grant the visa on 13 July 2017.

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. On 21 November 2017 the Tribunal received Confirmation of Health Cover issued by nibOSHC Health Funds Limited in favour of the Applicant for the period 4 August 2017 to 30 September 2020.   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 Conwell
   Member