Peddi (Migration)

[2019] AATA 1430

Peddi (Migration) [2019] AATA 1430 (16 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Ramya Spandana Peddi

CASE NUMBER:  1836063

DIBP REFERENCE(S):  BCC2018/3290899

MEMBER:Stephen Conwell

DATE:16 January 2019

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 16 January 2019 at 3:04pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Cookery – evidence of overseas student health cover provided – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations (Cth) 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 30 August 2018. The delegate refused to grant the visa on 16 November 2018.

2. The delegate made the decision on the basis that the Applicant had not provided evidence of his arrangements for health insurance as required by cl. 500.215 in order to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The applicant applied for the visa to undertake study in Australia and does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

4. On 21 December 2018 the Tribunal received a Policy Certificate of Overseas Student Cover in the name of the applicant for the period, 30/08/2018 to 30/11/2020.  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

5. 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 Conwell
   Member