1517470 (Migration)

[2016] AATA 3362

1517470 (Migration) [2016] AATA 3362 (24 February 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Murtaza FAKHRUDDIN

CASE NUMBER:  1517470

DIBP REFERENCE(S):  BCC2015/2949434

MEMBER:Mary-Ann Cooper

DATE:24 February 2016

PLACE OF DECISION:  Melbourne

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

·     cl.572.327 of Schedule 2 to the Regulations.

Statement made on 24 February 2016 at 3:22pm

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 on 11 December 2015 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant applied for the visa on 9 October 2015 as the dependant of his wife, who planned to undertake study in Australia. At the time the visa application was lodged the Student (Temporary) (Class TU) visa contained a number of subclasses. Generally speaking, the subclass that can be granted to an applicant who applies as a student depends upon the type of course in which the applicant is enrolled or has an offer of enrolment as his or her principal course (Subclass 570 - 575), or whether the applicant has the support of the relevant Minister (Subclass 576).

3. The delegate in this case refused to grant the visa on the basis that the applicant had not provided evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia. Departmental records confirm that the applicant’s wife was granted a subclass 572 visa on 11 December 2015.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the visa applicant on the basis of the material before it, pursuant to section 360(2)(a) of the Act.

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

   CONSIDERATION OF CLAIMS AND EVIDENCE

6. The issue before the delegate was whether the applicant met the criterion in cl.572.327 which provides:

   The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

7. On 15 October 2015 the Department requested, among other things, that the applicant provide evidence of adequate health insurance within 28 days.  The applicant did not provide this evidence within that time.

8. The applicant has submitted to the Tribunal a copy of Overseas Student Health Cover (OHSC) from Australian Health Management stating that the applicant has health insurance until 28 July 2017.  PRISMS records indicate that the applicant’s wife is enrolled in courses including an Advanced Diploma of Management (Human Resources) until 28 May 2017.

9. The Tribunal is satisfied that the applicant has health insurance for the period of his intended stay in Australia and that the health insurance evidence as provided satisfies the requirements of cl.572.327.

10. On the basis of the above, the Tribunal is satisfied that the applicant meets the requirements of cl.572.327.

    CONCLUSION

11. Given the findings above, the appropriate course is to remit the visa application to the Minister to consider the remaining criteria for the visa.

    DECISION

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

    ·cl.572.327 of Schedule 2 to the Regulations.

    Mary-Ann Cooper
    Member