Sharma (Migration)

[2017] AATA 2046

Sharma (Migration) [2017] AATA 2046 (18 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Pratik Sharma

CASE NUMBER:  1712688

DIBP REFERENCE(S):  BCC2017/60634

MEMBER:Richard West

DATE:18 October 2017

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.500.314 of Schedule 2 to the Regulations

Statement made on 18 October 2017 at 2:29pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) – Subclass 820 (Partner (Temporary)) visa – Overseas Student Health Cover (OSHC)

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 500.314

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 6 January 2017. The delegate refused to grant the visa on 5 June 2017.

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

3. On 4 September 2017 the Tribunal received a Policy Certificate issued by Australian Health Management providing for overseas student cover for Pratik Sharma for the period 8 January 2017 to 15 March 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. 314 of Schedule 2 to the Regulations

   Richard West
   Member