SINGH (Migration)

[2019] AATA 6393

SINGH (Migration) [2019] AATA 6393 (7 November 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Sumit SINGH

CASE NUMBER:  1732660

DIBP REFERENCE(S):  BCC2017/3760440

MEMBER:Wendy Banfield

DATE:7 November 2019

PLACE OF DECISION:  Sydney

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 07 November 2019 at 2:29pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance in Australia – Overseas Student Health Insurance policy provided upon review – 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 applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 13 October 2017. The delegate refused to grant the visa on 20 December 2017.

2. The delegate made the decision on the basis that evidence of health insurance in Australia for the duration of the applicant’s intended stay in Australia was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. The applicant attended a hearing on 6 November 2019 and explained he had provided the required evidence to his migration agent but found out after his visa was refused that it was not submitted to the Department. The Tribunal advised the applicant was required to demonstrate now that he has adequate health insurance covering his intended stay in Australia. The applicant had a health insurance certificate that was valid until March 2021 and he undertook to extend it to July 2021.

4. On 6 November 2019 the Tribunal received an Overseas Student Health Insurance policy document that is valid from 11 April 2016 to 20 August 2021. 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

   Wendy Banfield
   Member