Verma (Migration)

[2018] AATA 2372

Verma (Migration) [2018] AATA 2372 (21 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Seema Verma
Master Anshuman Verma

CASE NUMBER:  1807417

DIBP REFERENCE(S):  BCC2018/209508

MEMBER:M. Edgoose

DATE:21 May 2018

PLACE OF DECISION:  Melbourne, Victoria

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

The second named applicant meets the following criteria for a Subclass 500 visa:

·cl.500.314 of Schedule 2 to the Regulations

Statement made on 21 May 2018 at 11:46am

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Evidence of adequate health insurance not provided to the Department – Evidence of adequate health insurance provided to the Tribunal – Decision remitted with direction

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cls 500.215, 500.314

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 13 January 2018. The delegate refused to grant the visas on 7 March 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. The applicant has since provided the Tribunal with documentation evidencing that she and the second named applicant now has adequate health insurance (AAT Folio 11 and 12). 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

   The second named applicant meets the following criteria for a Subclass 500 visa:

   · cl.500.314 of Schedule 2 to the Regulations

   M. Edgoose
   Member