Sammeta (Migration)

[2018] AATA 5574

Sammeta (Migration) [2018] AATA 5574 (29 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Alekhya Sammeta

CASE NUMBER:  1833488

DIBP REFERENCE(S):  BCC2018/3234271

MEMBER:Stephen Witts

DATE:29 November 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 29 November 2018 at 10:10am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – adequate arrangements for relevant period – new evidence before the Tribunal – 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 27 August 2018. The delegate refused to grant the visa on 12 November 2018.

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

3. The Tribunal has now received confirmation of overseas student health cover (AAT file folio 4) until 8 April 2019. The applicant is currently enrolled in a Master of Professional Accounting which is due to complete on 8 February 2019. 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

4. 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