Chia (Migration)

[2018] AATA 2871

Chia (Migration) [2018] AATA 2871 (21 May 2018)

CORRIGENDUM

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Chiun Hang Chia

CASE NUMBER:  1805808

DIBP REFERENCE(S):  BCC2017/4169076

MEMBER:Wendy Banfield

DATE OF DECISION:  21 May 2018

DATE CORRIGENDUM

SIGNED:13 August 2018

PLACE OF DECISION:  Sydney

AMENDMENT:  The following corrections are made to the decision:

on the cover sheet the decision should read as 21 May 2018.

Wendy Banfield
Member

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Chiun Hang Chia

CASE NUMBER:  1805808

DIBP REFERENCE(S):  BCC2017/4169076

MEMBER:Wendy Banfield

DATE:21 May 2019

PLACE OF DECISION:  Sydney

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 21 May 2018 at 7:32pm

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 8 November 2017. The delegate refused to grant the visa on 19 February 2018.

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 was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 14 May 2018 the Tribunal received Confirmation of Health Cover in the name of the applicant for the period 21 February 2018 to 14 September 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.500.215 of Schedule 2 to the Regulations

   Wendy Banfield
   Member