Brar (Migration)

[2019] AATA 2914

Brar (Migration) [2019] AATA 2914 (11 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Navdeep Kaur Brar
Mr Manpreet Singh Brar

CASE NUMBER:  1905515

DIBP REFERENCE(S):  BCC2018/5803040

MEMBER:M. Edgoose

DATE:11 April 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

·cl.500.215 of Schedule 2 to the Regulations

Statement made on 11 April 2019 at 1:56pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) visa – evidence of adequate arrangements for health insurance – evidence of health insurance submitted – decision remitted for reconsideration

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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 24 December 2018. The delegate refused to grant the visas on 20 February 2019.

2. The delegate made the decision on the basis that evidence of adequate health insurance was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. The applicant has since provided the Tribunal with documentation evidencing that she now has adequate health insurance (AAT Folio 11) and enrolment in an Advanced Diploma of Business (AAT Folio 9). 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 first named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.215 of Schedule 2 to the Regulations

   M. Edgoose
   Member