Keetha (Migration)

[2019] AATA 2898

Keetha (Migration) [2019] AATA 2898 (6 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Sai Kiran Keetha

CASE NUMBER:  1912668

DIBP REFERENCE(S):  BCC2019/648605

MEMBER:Stephen Conwell

DATE:6 June 2019

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 06 June 2019 at 3:56pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) visa – evidence of adequate arrangements for health insurance – received Policy Certificate of Overseas Student Cover – decision 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 26 February 2019. The delegate refused to grant the visa on 2 May 2019.

2. The delegate made the decision on the basis that the applicant had not provided evidence of his 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).

3. On 21 May 2019 the Tribunal received a Policy Certificate of Overseas Student Cover confirming that the applicant is insured for the period 18 March 2019 to 20 August 2020.  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

   Stephen Conwell
   Member