Tok (Migration)

[2019] AATA 5352

Tok (Migration) [2019] AATA 5352 (11 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Jing Yuan Tok

CASE NUMBER:  1914624

DIBP REFERENCE(S):  BCC2019/484772

MEMBER:Meredith Jackson

DATE:11 September 2019

PLACE OF DECISION:  Brisbane

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 11 September 2019 at 12:55pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – evidence of adequate arrangements – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), 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 15 February 2019. The delegate refused to grant the visa on 20 May 2019.

2. The delegate made the decision on the basis that evidence of adequate Overseas Student Health Cover (OSHC) was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 11 September 2019 the Tribunal received the second of two certificates of insurance for OSHC in the applicant’s name, covering the period from 3 April 2016 to 2 April 2020 and 3 April 2020 to 2 April 2022 respectively. The applicant is enrolled to study a registered bachelor degree course until 31 December 2021.

4. 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

   Meredith Jackson
   Member