Parameswaran (Migration)

[2019] AATA 5872

Parameswaran (Migration) [2019] AATA 5872 (20 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Vinnaeishwaran Parameswaran
Mr Harin Aran
Mrs Vellayan Hema

CASE NUMBER:  1920099

DIBP REFERENCE(S):  BCC2019/1033436

MEMBER:M. Edgoose

DATE:20 September 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

·cl.500.215 of Schedule 2 to the Regulations

Statement made on 20 September 2019 at 8:45am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visas – Subclass 500 (Student) – adequate health insurance – evidence provided upon review – 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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 1 March 2019. The delegate refused to grant the visas on 4 July 2019.

2. The delegate made the decision on the basis that evidence of adequate health insurance was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. The applicant has since provided the Tribunal with documentation evidencing that he now has adequate health insurance (AAT Folio 18) and a Confirmation of Enrolment for an Advanced Diploma of Business (AAT Folio 19).

4. 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

5. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.215 of Schedule 2 to the Regulations

   M. Edgoose
   Member