JARIYARAT (Migration)
Case
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[2018] AATA 5856
•3 December 2018
Details
AGLC
Case
Decision Date
JARIYARAT (Migration) [2018] AATA 5856
[2018] AATA 5856
3 December 2018
CaseChat Overview and Summary
The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa (Subclass 500) made by Jariyarat. The dispute concerned whether the applicant had provided adequate arrangements for health insurance, a requirement for the visa.
The primary legal issue before the Tribunal was to determine if the applicant had satisfied the health insurance criterion for the Subclass 500 visa, specifically clause 500.215 of Schedule 2 to the Regulations. This involved assessing the evidence of health insurance provided by the applicant.
The Tribunal's reasoning was based on the receipt of a Policy Certificate for Overseas Student Health Cover submitted on 16 November 2018. This certificate covered the period from 10 October 2017 to 8 October 2019. In light of this new evidence, the Tribunal was satisfied that the criterion had been met. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant meets the relevant health insurance criteria.
The primary legal issue before the Tribunal was to determine if the applicant had satisfied the health insurance criterion for the Subclass 500 visa, specifically clause 500.215 of Schedule 2 to the Regulations. This involved assessing the evidence of health insurance provided by the applicant.
The Tribunal's reasoning was based on the receipt of a Policy Certificate for Overseas Student Health Cover submitted on 16 November 2018. This certificate covered the period from 10 October 2017 to 8 October 2019. In light of this new evidence, the Tribunal was satisfied that the criterion had been met. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant meets the relevant health insurance criteria.
Details
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Judicial Review
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Remedies
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Procedural Fairness
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Citations
JARIYARAT (Migration) [2018] AATA 5856
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