Binti Muhamad (Migration)

[2017] AATA 2050

Binti Muhamad (Migration) [2017] AATA 2050 (18 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Nur Athirah Binti Muhamad

CASE NUMBER:  1718723

DIBP REFERENCE(S):  BCC2017/2022210

MEMBER:Richard West

DATE:18 October 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 18 October 2017 at 2:10pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) – Subclass 500 (Student) visa – Confirmation of 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 7 June 2017. The delegate refused to grant the visa on 9 August 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 2 October 2017 the Tribunal received a copy of a Confirmation of Health Cover issued by nib health funds limited (nib OSHC) in respect of cover for Nur Athirah Binti Muhamad for the period 25 September 2017 to 15 July 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

   Richard West
   Member