Fernando (Migration)

[2018] AATA 367

Fernando (Migration) [2018] AATA 367 (22 February 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Lamahewage Joseph Chamal Malinda Fernando

CASE NUMBER:  1622342

DIBP REFERENCE(S):  BCC2016/3012400

MEMBER:Wendy Banfield

DATE:22 February 2018

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 22 February 2018 at 1:00pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Requirement for applicant to provide evidence of health insurance – Evidence not received by delegate – Evidence subsequently provided to Tribunal

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 10 September 2016. The delegate refused to grant the visa on 16 December 2016.

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

3. On 18 February 2018 the Tribunal received evidence of Overseas Student Health Cover in the name of the applicant for the period 07/03/2018 to 06/08/2018 and from 07/08/2018 to 06/01/2018. 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