SINGH (Migration)

[2018] AATA 4570

SINGH (Migration) [2018] AATA 4570 (28 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Gurtej SINGH

CASE NUMBER:  1819055

DIBP REFERENCE(S):  BCC2018/1216802

MEMBER:David Barker

DATE:28 August 2018

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 28 August 2018 at 2:32pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – Subclass 500 (Student) visa – evidence of overseas health cover provided – Decision under review remitted for reconsideration

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 14 March 2018. The delegate refused to grant the visa on 27 June 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. 20 July 2018, the Tribunal received a copy of a Confirmation of Health Cover for the applicant from Bupa Australia, confirming he has Overseas Student Health Cover insurance for the period from 3 October 2018 to 3 October 2023.  He has previously provided the Department with evidence of Overseas Student Health Cover   with Allianz Global Assistance, ceasing on 3 October 2018. 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.

   CONSIDERATION OF CLAIMS AND EVIDENCE

4. The applicant has Certificate of Enrolments for the intended course of study as nominated in the relevant visa application, namely an Advanced Diploma of Leadership and Management, which is due to finish on 19 June 2020 and a Bachelor of Business, which is due to finish on 18 August 2023.

5. The applicant has provided evidence that he has an Overseas Student Health Policy (OSHC) with Bupa, valid until 3 October 2023.

6. From the evidence provided to the Tribunal which was not available to the delegate, the Tribunal is satisfied that the applicant meets cl.500.215.

   DECISION

7. 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

   David Barker
   Member