Muthumadinage (Migration)

[2018] AATA 3423

Muthumadinage (Migration) [2018] AATA 3423 (18 July 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Irosha Pethum Perera Muthumadinage

CASE NUMBER:  1817961

DIBP REFERENCE(S):  BCC2018/1224760

MEMBER:Tim Connellan

DATE:18 July 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 18 July 2018 at 2:32pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – evidence of overseas health cover – evidence of course enrolment and completion date – 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 14 March 2018. The delegate refused to grant the visa on 4 June 2018.

2. The delegate made the decision on the basis that evidence of 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 28 June 2018 the Tribunal received a submission which included evidence of enrolment in courses due for completion on 8 November 2019 and of OSHC current until 1 April 2020. 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

   Tim Connellan
   Member