1512303 (Migration)

Case [2016] AATA 3492

1512303 (Migration) [2016] AATA 3492 (11 March 2016)

DECISION RECORD

DIVISION:Migration and Refugee Division

APPLICANTS:  Mr Anselmo Francisco MANUEL
Mrs Leilani Picardal MANUEL
Master John Benedict MANUEL
Master Aljon Matthew MANUEL

CASE NUMBER:  1512303

DIBP REFERENCE(S):  BCC2015/1505118

MEMBER:Alexis Wallace

DATE:11 March 2016

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the application for Student (Temporary) (Class TU) visas for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 572 Vocational Education and Training Sector visa:

·Clause 572.225 of Schedule 2 to the Regulations.

Statement made on 11 March 2016 at 11:27am

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

  1. This is an application for review of decisions made by a delegate of the Minister for Immigration on 19 August 2015 to refuse to grant the applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act).

  2. The applicants applied for the visas on 19 May 2015. The delegate refused to grant the visa on the basis that the first named applicant (now referred to as the applicant) did not satisfy cl.572.225 of Schedule 2 to the Migration Regulations 1994 (the Regulations) because there was no evidence of adequate health insurance for the period of stay in Australia.

  3. The applicants were represented in relation to the review by their registered migration agent.

  4. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

    CONSIDERATION OF CLAIMS AND EVIDENCE

  5. The issue in the present case is whether the applicant provided evidence of adequate arrangements in Australia for health insurance during the period of the intended stay in Australia, as required by cl.572.225.

  6. The applicant has given the Tribunal evidence that he is enrolled in a Diploma of Remedial Massage course which is due to end on 28 May 2017.  He has also provided a letter from Bupa Australia dated 8 March 2016 that states that the applicants have overseas student health cover until 30 June 2017.

  7. On the basis of this evidence, the Tribunal finds that cl.572.225 is met. The appropriate course is for the Tribunal to remit the matter to the Minister for reconsideration of the remaining visa criteria.

    DECISION

  8. The Tribunal remits the application for an Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria:

    ·cl.572.225 of Schedule 2 to the Regulations.

    Alexis Wallace
    Member


Details
AGLC
1512303 (Migration) [2016] AATA 3492
Case
[2016] AATA 3492
Decision Date

CaseChat Overview and Summary

The case involves an application for a Student (Temporary) (Class TU) visa by an applicant, who has been the subject of a decision by the Minister for Immigration and Border Protection, which the Tribunal is reviewing. The applicant's claim is focused on the adequacy of health insurance arrangements in Australia for the duration of their intended stay. The matter was heard and determined by the Administrative Appeals Tribunal (AAT) in Australia.

The central legal issue before the Tribunal was whether the applicant had provided sufficient evidence to demonstrate compliance with the health insurance requirement specified in clause 572.225 of Schedule 2 to the Migration Regulations 1994. This clause necessitates that an applicant for a Student (Temporary) visa must show that they have made adequate arrangements for health insurance in Australia for the duration of their stay. The evidence presented included an enrolment in a Diploma of Remedial Massage course and a letter from Bupa Australia confirming overseas student health cover until a specific date.

The Tribunal examined the evidence provided by the applicant and found it to be sufficient to satisfy clause 572.225. The Tribunal noted that the applicant's enrolment in a course and the health insurance coverage provided by Bupa met the requirements set by the Regulations. Consequently, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration, but only in relation to the remaining visa criteria. The Tribunal did not find any issues with the applicant's compliance with the health insurance requirement.

In its decision, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant met the criteria of clause 572.225 of Schedule 2 to the Regulations. The Tribunal's decision was made by Alexis Wallace, a member of the Tribunal.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.CONSIDERATION OF CLAIMS AND EVIDENCE The issue in the present case is whether the applicant provided evidence of adequate arrangements in Australia for health insurance during the period of the intended stay in Australia, as required by cl.572.225. The applicant has given the Tribunal evidence that he is enrolled in a Diploma of Remedial Massage course which is due to end on 28 May 2017. He has also provided a letter from Bupa Australia dated 8 March 2016 that states that the applicants have overseas student health cover until 30 June 2017. On the basis of this evidence, the Tribunal finds that cl.572.225 is met. The appropriate course is for the Tribunal to remit the matter to the Minister for reconsideration of the remaining visa criteria.DECISION The Tribunal remits the application for an Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria:·cl.572.225 of Schedule 2 to the Regulations.Alexis WallaceMember

Decision

Reasons for decision

On the basis of this evidence, the Tribunal finds that cl.572.225 is met. The appropriate course is for the Tribunal to remit the matter to the Minister for reconsideration of the remaining visa criteria.DECISION The Tribunal remits the application for an Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria:·cl.572.225 of Schedule 2 to the Regulations.Alexis WallaceMember

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.