Kaur (Migration)

[2018] AATA 4784

Kaur (Migration) [2018] AATA 4784 (18 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Hardeep Kaur

CASE NUMBER:  1817168

HOME AFFAIRS REFERENCE(S):           BCC2018/1607545

MEMBER:Justin Meyer

DATE:18 October 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 (Student) visa:

· cl.500.215 of Schedule 2 to the Regulations

Statement made on 18 October 2018 at 11:28am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – health requirements – evidence of health insurance – 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 Home Affairs on 22 May 2018 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant applied for the visa on 10 April 2018. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The applicant applied for the visa to undertake study in Australia and does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

3. The delegate made the decision on the basis that the Applicant had not provided evidence of her arrangements for health insurance as required by cl. 500.215 in order to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

4. On 25 June 2018 the Tribunal received a Policy Certificate of Overseas Student Cover in the name of the Applicant for the period 15 August 2018 to 14 August 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

5. The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 (Student) visa:

   · cl.500.215 of Schedule 2 to the Regulations

   Justin Meyer
   Member