Lim (Migration)

[2020] AATA 2830

Lim (Migration) [2020] AATA 2830 (22 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Stephanie Shiang Yee Lim

CASE NUMBER:  1916043

HOME AFFAIRS REFERENCE(S):          BCC2019/1558692

MEMBER:Penelope Hunter

DATE:22 May 2020

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 22 May 2020 at 11:32am

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa–evidence of adequate health insurance provided– decision under review remitted

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 Home Affairs 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 March 2019. The delegate refused to grant the visa on 6 June 2019.

2. The delegate made the decision on the basis that evidence of adequate arrangements for health insurance was not provided as required to satisfy cl. 500.215 of the Migration Regulations 1994 (the Regulations).

3. On 19 July 2017 the Tribunal received a submission from the applicant containing a letter of confirmation of health insurance with NIB OSHC providing coverage until 2 October 2020. The Confirmation of Enrolment submitted by the applicant also records that her proposed course concludes on 2 August 2020. The Tribunal is satisfied that the applicant has provided evidence of adequate health insurance for the duration of her proposed stay in Australia. 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.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   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

   Penelope Hunter
   Member