Phaengama (Migration)

[2018] AATA 3421

Phaengama (Migration) [2018] AATA 3421 (19 July 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Kannaphak Phaengama

CASE NUMBER:  1814983

DIBP REFERENCE(S):  BCC2018/1253942

MEMBER:Penelope Hunter

DATE:19 July 2018

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 19 July 2018 at 4:23pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Evidence of Overseas student health cover – final course end date – 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 15 March 2018. The delegate refused to grant the visa on 1 May 2018.

2. The delegate made the decision on the basis that evidence of a sufficient amount of Overseas Student Health Cover was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 19 July 2018 the Tribunal received copy of a Policy Certificate issued by Australian Health Management (AHM) OSHC for the applicant valid to 15 May 2020.  It is further noted that the applicant’s final course, the Diploma of Marketing and Communication has an end date of 23 February 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

   Penelope Hunter
   Member