Dorjzodov (Migration)

[2019] AATA 2036

Dorjzodov (Migration) [2019] AATA 2036 (20 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Bold-Erdene Dorjzodov

CASE NUMBER:  1910834

DIBP REFERENCE(S):  BCC2018/5842439

MEMBER:David Barker

DATE:20 June 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 20 June 2019 at 10:46am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – evidence of adequate arrangement – decision under review remitted

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 27 December 2018. The delegate refused to grant the visa on 10 April 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. On 5 June 2019 the Tribunal received a copy of a Confirmation of Overseas Student Health Cover for the applicant from Medibank, confirming he has health insurance for the period to 14 July 2021. 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.

   CONSIDERATION OF CLAIMS AND EVIDENCE

4. The applicant has Certificate of Enrolment for the intended course of study in an Advanced Diploma of Leadership and Management, which is due to finish on 14 May 2021.

5. The applicant has provided evidence that he has an Overseas Student Health Policy (OSHC) with Medibank, valid until 14 July 2021.

6. From the evidence provided to the Tribunal which was not available to the delegate, the Tribunal is satisfied that the applicant meets cl.500.215.

   DECISION

7. 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

   David Barker
   Member