Stenson (Migration)

[2020] AATA 5994

Stenson (Migration) [2020] AATA 5994 (13 November 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Janie Stenson

CASE NUMBER:  2000029

HOME AFFAIRS REFERENCE(S):          BCC2019/5695370

MEMBER:Fiona Zuccala

DATE:13 November 2020

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 13 November 2020 at 1.45pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa– evidence of adequate health insurance– 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 Home Affairs 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 11 November 2019. The delegate refused to grant the visa on 16 December 2019.

2. The delegate made the decision on the basis that evidence of adequate arrangement 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 applicant appeared before the Tribunal on 13 November 2020 to give evidence and present arguments.

4. On 4 November 2020 the Tribunal received evidence of health insurance for the applicant for their intended stay in Australia until 1 October 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

   Fiona Zuccala
   Member