Bangali-Pessima (Migration)

[2019] AATA 5222

Bangali-Pessima (Migration) [2019] AATA 5222 (3 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Amadu Bangali-Pessima

CASE NUMBER:  1919386

DIBP REFERENCE(S):  BCC2019/203872

MEMBER:David Barker

DATE:3 September 2019

PLACE OF DECISION:  Sydney

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 03 September 2019 at 12:20pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – evidence of adequate arrangements – course end date indicated on Confirmation of Enrolment – ‘period of the applicant’s intended stay’ – 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 10 March 2019. The delegate refused to grant the visa on 11 July 2019.

2. The delegate made the decision on the basis that evidence of applicant did not satisfy the requirements of cl.500.215 of Schedule 2 to the Regulations. This clause requires the applicant to give evidence of adequate arrangements of health insurance for the period of their intended stay in Australia.

3. In light of the evidence that is available to the Tribunal, I am satisfied that the criterion is met and I have concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

4. Having regard to the applicant’s current proposed course of study, the relevant subclass in this application is Student (Temporary) (Class TU) 500.

5. Clause  500.215 states:

   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.

6. The delegate was not satisfied this criteria was met. Information on the Department’s file indicates the Confirmation of Enrolment (COE) for the Master of Physiotherapy course the applicant is enrolled in at the University of Sydney indicates the course end date is 21 January 2021. A University of Sydney ‘Your enrolment summary’ provided with the review application indicates the applicant is enrolled in four units of study during the 2019 academic year, in the Master of Physiotherapy program, and that the electronic eCOE associated with this course expires on 21 January 2020.

7. The applicant has provided evidence of an Overseas Student Health Cover insurance policy with Allianz Global Assistance, which indicates the applicant has cover from this policy up until 26 December 2020. 

8. In support of his contention that he has adequate arrangements for health insurance during the period of his intended stay in Australia the applicant has stated that he will return to his home country, the United States of America, after he has finished the remaining units of his course, which will be at the end of the Semester 2 of the 2020 University of Sydney academic year.  He states that he wishes to return to be with his family in his home country over the 2020 Christmas season and that he will also return there in December 2020, as he wishes to find work and enter into a transitional doctorate program.

9. The applicant has provided the Tribunal with  the following evidence in support of his contention that notwithstanding the eCOE for the Master of Physiotherapy stating the course end date is 21 January 2021, he will complete his studies by the end of November 2020:

   ·2020 Physiotherapy Academic Clinical Calendar indicating his study stream will have completed exams and other course content by 30 November 2020;

   ·University of Sydney 2019 Calendar indicating Semester 2 runs from 5 August to 30 November;

   • University of Sydney 2020 ‘Key dates’ document indicating Semester 2 runs from 3 August 2020  to 30 November 2020 and Exam Period for Semester 2 runs from16 November 2020 to 28 November 2020;

10. Whilst the COE issued to the applicant indicates it will expire on 21 January 2020, the Tribunal notes there is no specific reference to a COE in cl.500.215.  The details on a COE are not specified as a determining factor in relation to identifying whether an applicant has adequate arrangements in Australia for health insurance.  It is the ‘period of the applicant’s intended stay in Australia’ which is a determinative issue.

11. The evidence demonstrates the applicant will complete the subjects that he is currently enrolled in and which are the basis of the current Student visa application by the end of November 2020. There is no evidence before the Tribunal to cast doubt on the applicant’s stated intention to return to his home country shortly after that date and within the period of his current health insurance cover.

12. After considering the available evidence and the applicant’s submissions in support of his claims, the Tribunal is satisfied that the health insurance criterion is met and has concluded that the matter should be remitted for reconsideration.

    DECISION

13. 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

    David Barker
    Member