Singh (Migration)

[2018] AATA 3189

Singh (Migration) [2018] AATA 3189 (30 July 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Kanwal Jeet Singh
Mrs Khushbu Garg

CASE NUMBER:  1819721

DIBP REFERENCE(S):  BCC2018/2065013

MEMBER:Stephen Witts

DATE:30 July 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 30 July 2018 at 1:59pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Health insurance – Evidence of health insurance provided – Secondary applicant – Member of the same family unit – Decision under review remitted for reconsideration

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 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 applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 12 May 2018. The delegate refused to grant the visas on 19 June 2018.

2. The delegate made the decision on the basis that evidence of adequate arrangements in Australia for health insurance during the period of the applicants 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 applicants have now provided OSHC insurance cover from 4 July 2018 until 12 July 2019. These are policy numbers 3472 5447 (AAT file Folio 10) and 3472 5594 (AAT file Folio 9). 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

   Stephen Witts
   Member