PAWAR (Migration)

[2018] AATA 5830

PAWAR (Migration) [2018] AATA 5830 (12 December 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr DARSHAN PAWAR

CASE NUMBER:  1717114

DIBP REFERENCE(S):  BCC2016/2739297

MEMBER:Sheridan Lee

DATE:12 December 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 457 visa:

·cl.457.223B of Schedule 2 to the Regulations

Statement made on 12 December 2018 at 3:07pm

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – evidence of health insurance provided – decision under review remitted

LEGISLATION
Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cl 457.223

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 Temporary Business Entry (Class UC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 18 August 2016. The delegate refused to grant the visa on 18 July 2017.

2. The delegate made the decision on the basis that evidence of adequate insurance arrangements in Australia for health insurance during the period of the applicant’s intended stay 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 before it a cover letter from Bupa certifying that the applicant is covered by ‘Essential Visitors Cover’ insurance commencing from 11 October 2018. The Bupa website stipulates that this level of cover meets the minimum level of insurance required for a Subclass 457 visa, as set out by the Department. 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 457 visa:

   ·cl.457.223B of Schedule 2 to the Regulations

   Sheridan Lee
   Member