HAZARIKA (Migration)

[2019] AATA 2210

HAZARIKA (Migration) [2019] AATA 2210 (5 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Krishnarjun Hazarika

CASE NUMBER:  1821722

DIBP REFERENCE(S):  BCC2018/1624850

MEMBER:Meredith Jackson

DATE:5 March 2019

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 05 March 2019 at 2:15pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) visa – evidence of adequate arrangements for health insurance – valid Certificate of Insurance provided – decision under review remitted for reconsideration

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 11 April 2018. The delegate refused to grant the visa on 6 July 2018.

2. The delegate made the decision on the basis that evidence of adequate health insurance arrangements in Australia to valid to 15 September 2020 was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 9 August 2018 the Tribunal received copies of Certificate(s) of Insurance for Overseas Student Health Cover issued by Allianz Global Assistance in the applicant’s name, bearing policy number 18026476CU and valid for consecutive periods from 24 February 2015 to 23 April 2019, and a Certificate of Insurance in the applicant’s name, bearing policy number 10376173ECU and valid from 23 April 2019 to 22 September 2020. 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

   Meredith Jackson
   Member