Benmansour (Migration)

[2018] AATA 2660

Benmansour (Migration) [2018] AATA 2660 (13 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Omar Benmansour

CASE NUMBER:  1814204

DIBP REFERENCE(S):  BCC2018/954091

MEMBER:Justin Meyer

DATE:13 June 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 (Student) visa:

· cl.500.215 of Schedule 2 to the Regulations

Statement made on 13 June 2018 at 3:05pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Evidence of adequate health insurance not provided to the Department – Evidence 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 28 February 2018. The delegate refused to grant the visa on 2 May 2018.

2. The delegate made the decision on the basis that the Applicant had not provided evidence of his arrangements for health insurance as required by cl. 500.215 in order to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 22 May 2018 the Tribunal received a Policy Certificate of Overseas Student Cover in the name of the Applicant for the periods 23 February 2018 to 23 February 2019, and 22 March 2019 to 30 August 2019. The confirmation also states that the applicant holds current cover and has held it continuously since 21 November 2014. 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 a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 (Student) visa:

   ·cl.500.215 of Schedule 2 to the Regulations.

   Justin Meyer
   Member