Mena (Migration)

Case

[2018] AATA 2499

7 June 2018


Details
AGLC Case Decision Date
Mena (Migration) [2018] AATA 2499 [2018] AATA 2499 7 June 2018

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa by an applicant, referred to as Mena. The dispute concerned whether the applicant met the health insurance requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the health insurance criterion for the Subclass 500 visa, specifically as stipulated by cl.500.215 of Schedule 2 to the Regulations.

The Tribunal's decision was based on new evidence received on 24 May 2018, namely a Policy Certificate of Overseas Student Cover in the applicant's name. This certificate confirmed that the applicant held appropriate health insurance for the period from 28 February 2018 to 14 June 2019. Being satisfied that this criterion was met, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with the direction that the applicant meets the specified health insurance criteria.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Remedies

  • Procedural Fairness

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