Gayatri (Migration)

[2023] AATA 3469

Gayatri  (Migration) [2023] AATA 3469 (29 September 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Prema Gita Gayatri

CASE NUMBER:  2210768

HOME AFFAIRS REFERENCE(S):          BCC2021/1352550

MEMBER:Wendy Banfield

DATE:29 September 2023

PLACE OF DECISION:  Canberra

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 29 September 2023 at 1:11pm

CATCHWORDS  
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa– evidence of Overseas Student Health Cover 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 Home Affairs to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 2 July 2021. The delegate refused to grant the visa on 6 July 2022.

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

3. The applicant appeared before the Tribunal on 28 July 2023 to give evidence and present arguments.

4. After the hearing the Tribunal received a Medibank policy certificate indicating the applicant has comprehensive health cover until 15 March 2025. This policy covers the applicant for the duration of her course of study which is due to be completed on 15 December 2024. 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

   Wendy Banfield
   Member