Tobiasson (Migration)

[2017] AATA 2266

Tobiasson (Migration) [2017] AATA 2266 (8 November 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Gabriel Johan Tobiasson

CASE NUMBER:  1715022

DIBP REFERENCE(S):  BCC2017/392367

MEMBER:Stephen Conwell

DATE:8 November 2017

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 08 November 2017 at 11:29am

CATCHWORDS
Migration – Student (Temporary)(Class TU) – Subclass 500 (Student) – Evidence of health insurance arrangements

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 30 January 2017. The delegate refused to grant the visa on 21 June 2017.

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 14 July 2017the Tribunal received a Policy Certificate of Overseas Student Cover in the name of the Applicant for the period, 14 July 2017 to 15 March 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.

   DECISION

4. 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