Singh (Migration)

[2019] AATA 37

Singh (Migration) [2019] AATA 37 (7 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Gurpreet Singh
Mrs Parmeet Kaur

CASE NUMBER:  1824289

DIBP REFERENCE(S):  BCC2018/1655901

MEMBER:M. Edgoose

DATE OF ORAL DECISION:  7 January 2019

TIME OF ORAL DECISION:  9:55am (Vic time)

DATE OF WRITTEN STATEMENT:         7 January 2019

PLACE OF DECISION:  Melbourne, Victoria

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

The secondary applicants meet the following criteria for a Subclass 500 visa:

·cl.500.311 of Schedule 2 to the Regulations.

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – health insurance – evidence of adequate insurance – decision under review remitted for reconsideration 

LEGISLATION
Migration Act 1958 (Cth), s65
Migration Regulations 1994 (Cth), Schedule 2 cls 500.215, 500.311

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 13 April 2018. The delegate refused to grant the visas on 17 July 2018.

2. The delegate made the decision on the basis that evidence of adequate health insurance 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 January 2019 the Tribunal received documentation evidencing that he now has adequate health insurance (AAT Folio 127). 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 first named applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.215 of Schedule 2 to the Regulations

   The secondary applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.311 of Schedule 2 to the Regulations.

   M. Edgoose
   Member