Maiyo (Migration)

[2018] AATA 3168

Maiyo (Migration) [2018] AATA 3168 (1 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Sharon Jepchirchir Maiyo
Mr Justus Kipkoech Rono
Master Jason Adams Kiprop

CASE NUMBER:  1817791

DIBP REFERENCE(S):  BCC2018/972309

MEMBER:Tim Connellan

DATE:1 August 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

·cl.500.215 of Schedule 2 to the Regulations

·Having found that the Mrs Maiyo meets the essential criteria referred to above, the appropriate course is to also remit the applications of the secondary applicants Mr Rono and Master Kiprop for reconsideration

Statement made on 01 August 2018 at 2:15pm

CATCHWORDSH

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Health insurance requirements – Evidence of health insurance – 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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 28 February 2018. The delegate refused to grant the visas on 29 May 2018.

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

3. On 18 June 2018 the Tribunal received evidence of health insurance with Medibank for the applicant and her two dependents.

4. 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

5. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.215 of Schedule 2 to the Regulations

   ·Having found that the Mrs Maiyo meets the essential criteria referred to above, the appropriate course is to also remit the applications of the secondary applicants Mr Rono and Master Kiprop for reconsideration

   Tim Connellan
   Member