Wong (Migration)

[2019] AATA 2022

Wong (Migration) [2019] AATA 2022 (18 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Shun King Wong

CASE NUMBER:  1906609

DIBP REFERENCE(S):  BCC2018/6249238

MEMBER:Donna Petrovich

DATE:18 June 2019

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 18 June 2019 at 2:25pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – evidence of adequate arrangement – 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 18 January 2019. The delegate refused to grant the visa on 5 March 2019.

2. The delegate made the decision on the basis that evidence of Confirmation of Health cover policy was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 8 April 2019 the Tribunal received Confirmation of Enrolment completion date 9 February 2019 and Confirmation of Health Cover Policy end date 9 April 2019 as requested by the Administrative Appeals Tribunal on 27 March 2019. 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

   Donna Petrovich
   Member