Shah (Migration)

[2019] AATA 2102

Shah (Migration) [2019] AATA 2102 (3 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Shaili Rachit Shah
Mr Rachit Mukeshkumar Shah

CASE NUMBER:  1830997

DIBP REFERENCE(S):  BCC2018/128804

MEMBER:Dr Jason Harkess

DATE:3 May 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

·cl.500.215 of Schedule 2 to the Regulations

Statement made on 03 May 2019 at 3:01pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – evidence of health insurance provided – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, 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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 9 January 2018. The delegate refused to grant the visas on 12 October 2018.

2. The delegate made the decision on the basis that evidence of adequate arrangements in Australia for health insurance for the period of the applicant’s intended stay in Australia was not provided. Such evidence was required for the purposes of cl. 500.215 of the Migration Regulations 1994 (the Regulations).

3. On 26 March 2019 the Tribunal received copies of the following documents:

   ·Policy Certificate from Australian Health Management OSHC for Shaili Rachit Shah (the first-named applicant) indicating that adequate arrangements have been made for the first-named applicant for health insurance while in Australia for the period 3 August 2018 to 2 October 2019.

   ·Policy Certificate from Australian Health Management OSHC for Rachit Mukeshkumar Shah (the second-named applicant) indicating that adequate arrangements have been made for the second-named applicant for health insurance while in Australia for the period 3 August 2018 to 2 October 2019;

4. In light of the new evidence received, the Tribunal is satisfied that the criterion under cl. 500.215 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 first named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.215 of Schedule 2 to the Regulations

   Dr Jason Harkess
   Member