De la Rosa Gomez (Migration)

[2018] AATA 5527

De la Rosa Gomez (Migration) [2018] AATA 5527 (14 December 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Juan Alberto De la Rosa Gomez

CASE NUMBER:  1803461

DIBP REFERENCE(S):  BCC2017/3130787

MEMBER:Meredith Jackson

DATE:14 December 2018

PLACE OF DECISION:  Brisbane

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 14 December 2018 at 4:25pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – evidence of adequate arrangements of health insurance provided – Decision under review remitted

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 30 August 2017. The delegate refused to grant the visa on 24 January 2018.

2. The delegate made the decision on the basis that evidence of Overseas Student Health Cover (OSHC) was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 10 December 2018 the Tribunal received evidence of OSHC policy number 17825ACAPE, issued by Allianz Global Assistance in the applicant’s name with consecutive periods of cover extending from 2 September 2016 to 2 September 2021.

4. At the hearing of 12 December 2018, the Tribunal requested that the applicant provide further evidence of OSHC to extend his cover by a period of two months from the date of completion of his current enrolment, which is 29 August 2021. On 13 December 2018 the Tribunal received evidence of OSHC with the same policy number and in the name of the applicant. The period of cover is reflected as 3 September 2021 to 2 November 2021. This extends the applicant’s OSHC to two months beyond the finish date of his current Bachelor degree course.

5. 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

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

   Meredith Jackson
   Member