Boutros (Migration)

[2022] AATA 1752

Boutros (Migration) [2022] AATA 1752 (11 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Dona Maria Boutros

REPRESENTATIVE:  Mr Manoj Kumar Nanda (MARN: 1568823)

CASE NUMBER:  2202413

HOME AFFAIRS REFERENCE(S):         BCC2019/3397191

MEMBER:Tim Connellan

DATE:11 April 2022

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 11 April 2022 at 1:32pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – evidence of adequate arrangements – evidence of Overseas Student Health Cover (OSHC) – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
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 6 July 2019. The delegate refused to grant the visa on 2 February 2022.

2. The delegate made the decision on the basis that evidence of Overseas Student Health Cover for her 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 25 March 2022 the Tribunal received evidence of an OSHC policy with Allianz current until 24 June 2023. This was checked against PRISMS and found to meet the regulations.

4. 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.

5. 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

6. 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

   Tim Connellan
   Member