Saentho (Migration)

[2019] AATA 600

Saentho (Migration) [2019] AATA 600 (14 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Benjamas Saentho

CASE NUMBER:  1828618

DIBP REFERENCE(S):  BCC2018/3126876

MEMBER:Stephen Conwell

DATE:14 February 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 14 February 2019 at 11:43am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – new evidence received – 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 19 August 2018. The delegate refused to grant the visa on 18 September 2018.

2. The delegate made the decision on the basis that the Applicant had not provided evidence of her arrangements for health insurance as required by cl. 500.215 in order to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 30 September 2018 the Tribunal received a Policy Certificate of Overseas Student Cover (OSHC) in the name of the applicant for the period, 20 August 2018 to 4 June 2021. This insurance policy provides seamless cover for the applicant over the course of her enrolled study period.

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 Conwell
   Member