Khanal (Migration)

[2018] AATA 1337

Khanal (Migration) [2018] AATA 1337 (5 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Sushil Kumar Khanal

CASE NUMBER:  1803192

DIBP REFERENCE(S):  BCC2017/4504119

MEMBER:Wendy Banfield

DATE:5 April 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 05 April 2018 at 7:59pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) –Adequate health insurance – Applicant obtained health cover

LEGISLATION
Migration Act 1958 s 65

Migration Regulations 1994 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 28 November 2017. The delegate refused to grant the visa on 1 February 2018.

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

3. On 23 February 2018 the Tribunal received an Overseas Student Health Cover Verification Letter from BUPA indicating the applicant has obtained health cover for the period 15 February 2018 to 15 March 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

   Wendy Banfield
   Member