Hungwe (Migration)

[2018] AATA 3188

Hungwe (Migration) [2018] AATA 3188 (1 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Charlotte Hungwe

CASE NUMBER:  1803859

DIBP REFERENCE(S):  BCC2017/3130106

MEMBER:P. Wood

DATE:1 August 2018

PLACE OF DECISION:  Melbourne, Victoria

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 01 August 2018 at 3:49pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Health insurance – Evidence of insurance provided to the Tribunal – 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 29 August 2017. The delegate refused to grant the visa on 2 February 2018.

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

3. The applicant has since provided the Tribunal with evidence of appropriate health insurance coverage with Allianz. 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

   P. Wood
   Senior Member