KIRAN PAL (Migration)

[2017] AATA 2269

KIRAN PAL (Migration) [2017] AATA 2269 (9 November 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss  KIRAN PAL

CASE NUMBER:  1717513

DIBP REFERENCE(S):  BCC2017/1033984

MEMBER:Warren Stooke AM

DATE:9 November 2017

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 09 November 2017 at 4:42pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) – Subclass 500 visa – Evidence of Overseas Student 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 15 March 2017. The delegate refused to grant the visa on 31 July 2017.

2. On 12 September 2017 the Tribunal received a Policy Certificate issued by Bupa Australia Pty Ltd providing an overseas student cover for Kiran Pal for the period from 15 March 2017  until 9 June 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

3. 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

   Warren Stooke AM
   Member