Saeed (Migration)

[2018] AATA 1172

Saeed (Migration) [2018] AATA 1172 (15 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Abbas Saeed

CASE NUMBER:  1730747

DIBP REFERENCE(S):  BCC2017/2998718

MEMBER:David Barker

DATE:15 March 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 (Student) visa:

·cl.500.215 of Schedule 2 to the Regulations.

Statement made on 15 March 2018 at 3:18pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Whether the applicant has adequate health insurance – Evidence of adequate health insurance provided

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 200.215

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 on 28 November 2017 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The delegate refused to grant the visa on 28 November 2017.

2. The delegate made the decision on the basis that evidence of adequate health insurance was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 6 December 2017, the Tribunal received a copy of a Confirmation of Health Cover for the applicant from NIB Overseas Student Health Cover, confirming he has health insurance for the period from 13 October 2017 to 21 October 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.

4. CONSIDERATION OF CLAIMS AND EVIDENCE

5. The applicant has Certificate of Enrolments) for the intended course of study as nominated in the relevant visa application, namely a Bachelor of Accounting, which is due to finish on 21 August 2020.

6. The applicant has provided evidence that he has an Overseas Student Health Policy (OSHC) with NIB OSHC, valid until 21 October 2020.

7. From the evidence provided to the Tribunal which was not available to the delegate, the Tribunal is satisfied that the applicant meets cl.500.215.

   DECISION

8. 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

   David Barker
   Member