Ittoo (Migration)

[2019] AATA 1048

Ittoo (Migration) [2019] AATA 1048 (25 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Ashwin Ittoo

CASE NUMBER:  1904175

DIBP REFERENCE(S):  BCC2018/5382584

MEMBER:Stephen Witts

DATE:25 March 2019

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 25 March 2019 at 9:02am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – adequate arrangements for relevant period – evidence before the Tribunal – decision under review remitted

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 30 November 2018. The delegate refused to grant the visa on 11 February 2019.

2. The delegate made the decision on the basis that evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. The Tribunal has now received a copy of a certificate of insurance of overseas student health cover from 6 March 2019 until 15 September 2020. As the applicant is enrolled in a course of study until 12 June 2020 the applicant has demonstrated adequate arrangements for health insurance cover during this enrolment period. 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

   Stephen Witts
   Member