Pukiat (Migration)

[2020] AATA 3175

Pukiat (Migration) [2020] AATA 3175 (19 June 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Aubert Santoso Pukiat

CASE NUMBER:  1931454

HOME AFFAIRS REFERENCE(S):          BCC2019/3961250

MEMBER:Wendy Banfield

DATE:19 June 2020

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 June 2020 at 4:37pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance in Australia – enrolment in a registered course – Overseas Student Health Insurance policy provided upon review – current enrolment provided – decision under review remitted          

LEGISLATION

Migration Act 1958, ss 65, 360
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 Home Affairs 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 9 August 2019. The delegate refused to grant the visa on 11 October 2019.

2. The delegate made the decision on the basis that evidence of evidence of adequate arrangements in Australia 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. On 25 May 2020 the Tribunal wrote to the applicant inviting him to comment or respond to information that he was no longer enrolled in a course of study, as required for the grant of a student visa. On 19 June 2020 the Tribunal received a new COE for a Diploma of Business with a completion date of 4 July 2021 and a copy of an Overseas Student Health Insurance policy in the name of the applicant valid until 5 September 2021. 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.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   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

   Wendy Banfield
   Member