Kaur (Migration)

[2018] AATA 4717

Kaur (Migration) [2018] AATA 4717 (11 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Ramandeep Kaur

CASE NUMBER:  1824963

DIBP REFERENCE(S):  BCC2018/1889252

MEMBER:Tim Connellan

DATE:11 October 2018

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 11 October 2018 at 12:30pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – evidence of health insurance provided – 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 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 April 2018. The delegate refused to grant the visa on 10 August 2018.

2. The delegate made the decision on the basis that evidence of 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 13 September 2018 the Tribunal received evidence of an Overseas Student Health Cover policy for the applicant current until 19 June 2020. Evidence on file indicates the applicant is enrolled in studies scheduled for completion on 17 November 2019.

4. 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 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

   Tim Connellan
   Member