KAUR (Migration)

[2018] AATA 2496

KAUR (Migration) [2018] AATA 2496 (6 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms RAJDEEP KAUR

CASE NUMBER:  1802549

DIBP REFERENCE(S):  BCC2017/3570318

MEMBER:Wendy Banfield

DATE:6 June 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 06 June 2018 at 10:44am

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Health insurance – Verification Letter of Overseas Student Health Cover – Decision under review remitted

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 29 September 2017. The delegate refused to grant the visa on 30 January 2018.

2. The delegate made the decision on the basis that evidence of adequate arrangements in Australia for health insurance during the applicant’s intended stay was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 7 May 2018 the Tribunal received a Verification Letter of Overseas Student Health Cover with Bupa Australia for the period 17 November 2017 to 20 December 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