Eng (Migration)

[2019] AATA 6840

Eng (Migration) [2019] AATA 6840 (18 November 2019)

CORRIGENDUM

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Charles Eng

CASE NUMBER:  1925191

DIBP REFERENCE(S):  BCC2019/3863200

MEMBER:Warren Stooke

DATE OF DECISION:  18 November 2019

DATE CORRIGENDUM

SIGNED:4 March 2020

PLACE OF DECISION:  Melbourne

AMENDMENT:  The following corrections are made to the decision:

Date of Decision: First page

Amended by deleting “18 November 2018” and inserting in lieu thereof “18 November 2019”.

Warren Stooke AM
Member

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Charles Eng

CASE NUMBER:  1925191

DIBP REFERENCE(S):  BCC2019/3863200

MEMBER:Warren Stooke AM

DATE:18 November 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.500.215 of Schedule 2 to the Regulations

Statement made on 18 November 2019 at 3:04pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance in Australia – Overseas Student Health Insurance policy provided upon review – 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 5 August 2019. The delegate refused to grant the visa on 4 September 2019.

2. The delegate made the decision on the basis that evidence of confirmation of health insurance for the period of intended studies was not provided in accordance with cl.500.215 of Schedule 2 of the Regulations under the Migration Regulations 1994 (the Regulations).

3. On 9 September 2019 the Tribunal received confirmation from Allianz – Overseas Student Health Cover that the applicant had been granted health cover from 1 September 2019 until 31 August 2020.

4. Further, the applicant intention to enrol in a Diploma of Leadership from 29 July 2019 to 6 July 2020 has been confirmed, which the Tribunal notes is within the period of current health coverage. 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

   Warren Stooke AM
   Member