Puri (Migration)

[2018] AATA 3939

Puri (Migration) [2018] AATA 3939 (12 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Nitin Puri
Ms Tajinder Kaur Sodhi

CASE NUMBER:  1823610

DIBP REFERENCE(S):  BCC2018/3847338

MEMBER:Tim Connellan

DATE:12 September 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that both applicants meet the following criteria for a Subclass 500 visa:

·cl.500.215 of Schedule 2 to the Regulations

Statement made on 12 September 2018 at 1:39pm

CATCHWORDS
MIGRATION – Student (Temporary)(Class TU) – Subclass 500 (Student) – evidence of health insurance – decision under review remitted for reconsideration 

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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 20 June 2018. The delegate refused to grant the visas on 25 July 2018.

2. The delegate made the decision on the basis that evidence of health insurance for the duration of the applicants 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 21 August 2018 the Tribunal received evidence of two separate Overseas Student Health Policies for each of the applicants current until 14 October 2018.

4. The primary applicant is enrolled in a course scheduled to run until14 August 2019.

5. 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

6. The Tribunal remits the application for reconsideration, with the direction that both applicants meet the following criteria for a Subclass 500 visa:

   ·cl.500.215 of Schedule 2 to the Regulations

   Tim Connellan
   Member