Luangjan (Migration)

[2018] AATA 2453

Luangjan (Migration) [2018] AATA 2453 (20 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Nannaphat Luangjan

CASE NUMBER:  1814396

DIBP REFERENCE(S):  BCC2018/1253919

MEMBER:Penelope Hunter

DATE:20 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 20 June 2018 at 11:31am

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Confirmation of Enrolment – Overseas Student Health Cover – Documents provided – Decision under review 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 15 March 2018. The delegate refused to grant the visa on 3 May 2018.

2. The delegate made the decision on the basis that evidence of a sufficient amount of Overseas Student Health Cover was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 4 June 2018 the Tribunal received further submissions from the applicant including a letter of verification of Overseas Student Health Cover with Australia Health Management OSHC  to 15 March 2019. The applicant has also submitted Confirmation of Enrolment in a course of study until 11 November 2018.

4. In light of the new evidence received, the Tribunal is satisfied that the applicant has a sufficient amount of Overseas Student health Cover for her intended stay and criterion is met. The Tribunal has therefore concluded that the matter should be remitted for reconsideration.

   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