Karbalai (Migration)

[2020] AATA 3155

Karbalai (Migration) [2020] AATA 3155 (22 June 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Asra Karbalai
Mr Abbas Ali

CASE NUMBER:  1927031

HOME AFFAIRS REFERENCE(S):          BCC2019/2587516

MEMBER:M. Edgoose

DATE:22 June 2020

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

·cl.500.215 of Schedule 2 to the Regulations

Secondary applicant

·cl.500.311 of Schedule 2 to the Regulations.

Statement made on 22 June 2020 at 9:49am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance in Australia – Overseas Student Health Insurance details provided upon review – decision under review remitted     

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 500.215, 500.311

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 Home Affairs to refuse to grant the applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 17 May 2019. The delegate refused to grant the visas on 19 September 2019.

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

3. On 10 June 2020 the Tribunal received documentation evidencing that the applicant now has adequate OSHC health insurance until 30 August 2021. 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.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicants on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.215 of Schedule 2 to the Regulations

   Secondary applicant

   ·cl.500.311 of Schedule 2 to the Regulations.

   M. Edgoose
   Member