Bethala (Migration)

[2019] AATA 543

Bethala (Migration) [2019] AATA 543 (14 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Mary Esther Snehalatha Bethala
Mr Jonathan Kranti Kumar Amara

CASE NUMBER:  1834008

DIBP REFERENCE(S):  BCC2018/3326124

MEMBER:Tim Connellan

DATE:14 February 2019

PLACE OF DECISION:  Melbourne

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.

And the secondary applicant meets

·cl.500.311 of Schedule 2 of the Regulations

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – evidence before the Tribunal which was not available to the delegate – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cls 500.215, 500.311

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 3 September 2018.

2. The delegate refused to grant the visas on 16 November 2018 on the basis that the primary applicant did not satisfy the requirements of cl.500.215 of Schedule 2 to the Migration Regulations 1994 (the Regulations) because the delegate was not satisfied she had provided evidence of health cover for the duration of her intended stay in Australia.

3. The delegate further found that as Mrs Bethala failed to meet 500.215, the secondary applicant Mr Johnathan Kranti Kumar Amara as a member of her family unit failed to satisfy cl.500.311.

4. After considering the available evidence, the Tribunal found that pursuant to section 360(2)(a) of the Act, it should decide the review in the applicant’s favour. Therefore no hearing was required.

   CONSIDERATION OF CLAIMS AND EVIDENCE

5. Evidence has been provided that Mrs Bethala is enrolled in an Advanced Diploma of Business scheduled to run until 25 July 2019.

6. The Tribunal has also been provided with evidence of Overseas Student Health Policies (OSHC) with NIB to 15 March 2019 for both applicanrts.

7. From the evidence provided to the Tribunal which was not available to the delegate, the Tribunal is satisfied that the primary applicant meets cl.500.215 and the secondary applicant meets 500.311.

8. Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.

   DECISION

9. The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 (Student) visa:

   ·cl.500.215 of Schedule 2 to the Regulations.

   And the secondary applicant meets

   ·cl.500.311 of Schedule 2 of the Regulations

   Tim Connellan
   Member