Pang (Migration)

[2019] AATA 3137

Pang (Migration) [2019] AATA 3137 (24 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Russell Chakri Pang

CASE NUMBER:  1913796

DIBP REFERENCE(S):  BCC2019/555011

MEMBER:Wendy Banfield

DATE:24 June 2019

PLACE OF DECISION:  Sydney

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 24 June 2019 at 1:09pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – evidence of adequate health insurance provided – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, 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 20 February 2019. The delegate refused to grant the visa on 28 May 2019.

2. The delegate made the decision on the basis that evidence of adequate arrangements for health insurance during the period of 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. 4 June 2019 the Tribunal received an Overseas Student Health Cover Certificate from CBHS in the name of the applicant for health insurance from 4 June 2019 to 3 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

   Wendy Banfield
   Member