Mena (Migration)

[2018] AATA 2499

Mena (Migration) [2018] AATA 2499 (7 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Karthik Sumanth Mena

CASE NUMBER:  1815120

DIBP REFERENCE(S):  BCC2018/938138

MEMBER:Stephen Conwell

DATE:7 June 2018

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 07 June 2018 at 3:11pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Health insurance – Policy Certificate of Overseas Student Cover – Decision under review remitted

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 27 February 2018. The delegate refused to grant the visa on 11 May 2018.

2. The delegate made the decision on the basis that the Applicant had not provided evidence of his arrangements for health insurance as required by cl.500.215 in order to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 24 May 2018 the Tribunal received a Policy Certificate of Overseas Student Cover in the name of the Applicant for the period, 28 February 2018 to 14 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

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

   Stephen Conwell
   Member