Daki (Migration)

[2018] AATA 4571

Daki (Migration) [2018] AATA 4571 (28 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Maison Daki

CASE NUMBER:  1821381

HOME AFFAIRS REFERENCE(S):           BCC2018/907199

MEMBER:M. Jackson

DATE:28 August 2018

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 (Student) visa:

·cl.500.215 of Schedule 2 to the Regulations.

.

Statement made on 28 August 2018 at 11:23am

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – Subclass 500 (Student) visa – evidence of overseas health cover provided – Decision under review remitted for reconsideration

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 26 February 2018. The delegate refused to grant the visa on 12 July 2018.

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

3. On 25 July 2018 the Tribunal received a copy of a policy certificate issued by Medibank OSHC, as proof of purchase of an Overseas Student Health Cover policy in the name of Maison Daki, bearing the membership number 30748061 and with the start date of 23 July 2018 and valid to 15 March 2021.

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.

   DECISION

5. 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.

   Meredith Jackson
   Member