Singh (Migration)

[2019] AATA 2274

Singh (Migration) [2019] AATA 2274 (1 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Amritpal Singh

CASE NUMBER:  1833206

DIBP REFERENCE(S):  BCC2018/1960535

MEMBER:Stephen Conwell

DATE:1 April 2019

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 01 April 2019 at 5:52pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – adequate arrangements for relevant period – 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 4 May 2018. The delegate refused to grant the visa on 25 October 2018.

2. The delegate made the decision on the basis that the applicant had not provided evidence of his arrangements for health insurance as required by cl. 500.215 in order to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 15 March 2019 the Tribunal received a Policy Certificate of Overseas Student Cover (OSHC) in the name of the applicant for the period, 15 June 2021 to 27 August 2021. This insurance policy provides seamless cover for the applicant over the course of his enrolled study period.

4. 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.

   Stephen Conwell
   Member