JARIYARAT (Migration)

[2018] AATA 5856

JARIYARAT (Migration) [2018] AATA 5856 (3 December 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Paramee JARIYARAT

CASE NUMBER:  1833716

DIBP REFERENCE(S):  BCC2018/3138444

MEMBER:Wendy Banfield

DATE:3 December 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 03 December 2018 at 4:58pm

CATCHWORDS
MIGRATION – Student (Temporary)(Class TU) visa – Subclass 500 (Student) – adequate arrangements for health insurance  not provided – Policy Certificate for Overseas Student Health Cover subsequently submitted – 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 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 20 August 2018. The delegate refused to grant the visa on 14 November 2018.

2. The delegate made the decision on the basis that evidence of adequate arrangements 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. On 16 November 2018 the Tribunal received a Policy Certificate for Overseas Student Health Cover in the name of the applicant from 10 October 2017 to 8 October 2019. 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