Naim (Migration)

[2018] AATA 3254

Naim (Migration) [2018] AATA 3254 (10 July 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Khalid Naim

CASE NUMBER:  1811008

DIBP REFERENCE(S):  BCC2018/691507

MEMBER:Stephen Witts

DATE:10 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 10 July 2018 at 1:43pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – overseas student health cover provided – 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 10 February 2018. The delegate refused to grant the visa on 9 April 2018.

2. The delegate made the decision on the basis that evidence of adequate arrangements in Australia for health insurance during the applicant’s intended stay in Australia was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. The Tribunal has received a certificate of Overseas Student Health Cover (Allianz Certificate of Insurance No 1006422SAEBBSAE)) dated 13 April 2018 valid from 25 April 2018 until 15 March 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 Witts
   Member