Sagadevan (Migration)

[2018] AATA 3420

Sagadevan (Migration) [2018] AATA 3420 (18 July 2018)

DECISION RECORD

DIVISION:  Migration & Refugee Division

APPLICANT:  Mr Sivananthan Sagadevan

CASE NUMBER:  1808667

DIBP REFERENCE(S):  BCC2018/553911

MEMBER:  Stephen Witts

DATE:  18 July 2018

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 18 July 2018 at 12:03pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – evidence of adequate overseas student health insurance – 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 1 February 2018. The delegate refused to grant the visa on 8 March 2018.

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

1. On 18 July 2018 the Tribunal received a document from Bupa taking the applicant’s health cover up until 13 September 2019 (AAT File Folio 25). The applicant’s course, a Certificate III in Business is due to complete on 14 September 2019. The Tribunal was initially concerned by the material provided by the applicant (AAT File Folio 20) which the Tribunal finds may not be a validly constituted document. 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

1. 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

Case Number 1808667  Page 2 of 2