Sabir (Migration)

[2019] AATA 5891

Sabir (Migration) [2019] AATA 5891 (9 December 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Sadan Sabir

CASE NUMBER:  1929346

DIBP REFERENCE(S):  BCC2019/2355409

MEMBER:Stephen Witts

DATE:9 December 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 09 December 2019 at 11:45am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – health cover – provided evidence upon review – 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 2 May 2019. The delegate refused to grant the visa on 1 October 2019.

2. The delegate made the decision on the basis that 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. The applicant has now provided confirmation of overseas student health cover which began on 5 December 2019 and has a policy end date of 30 March 2022. It is also noted by the Tribunal that the applicant has a current confirmation of enrolment to study a Diploma of Business which is due to begin on 13 January 2020 and complete on 10 January 2021 to be followed by an enrolment in an Advanced Diploma of Leadership and Management due to begin on 1 February 2021 and complete on 30 January 2022. The Tribunal had a discussion with the applicant noting that at this point the applicant was not being required to demonstrate that he was a genuine temporary entrant but simply to provide appropriate health insurance coverage.

4. 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 Witts
   Member