Chang (Migration)

[2018] AATA 3265

Chang (Migration) [2018] AATA 3265 (10 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Sook Zhin Chang

CASE NUMBER:  1819402

DIBP REFERENCE(S):  BCC2018/2327649

MEMBER:Stephen Conwell

DATE:10 August 2018

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.500.314 of Schedule 2 to the Regulations

Statement made on 10 August 2018 at 3:40pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Health insurance – Certificate of Overseas Student Cover provided – Decision under review remitted for reconsideration

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 500.214

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 30 May 2018. The delegate refused to grant the visa on 20 June 2018.

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

3. On 17 July 2018 the Tribunal received a Policy Certificate of Overseas Student Cover in the name of the applicant for the period, 13 August 2018 to 13 August 2019.  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.500.314 of Schedule 2 to the Regulations.

   Stephen Conwell
   Member