Bhangu (Migration)

[2018] AATA 3127

Bhangu (Migration) [2018] AATA 3127 (25 July 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Harpreet Singh Bhangu

CASE NUMBER:  1805015

HOME AFFAIRS REFERENCE(S):           BCC2017/4799893

MEMBER:Mark Bishop

DATE:25 July 2018

PLACE OF DECISION:  Melbourne

DECISION: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.

Statement made on 25 July 2018 at 3:30pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Health insurance requirements – Evidence of health insurance provided – Decision under review remitted for reconsideration

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 Home Affairs on 10 February 2018 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 15 December 2017. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The applicant applied for the visa to undertake study in Australia and does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa.

3. The delegate in this case refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl.500.215 of Schedule 2 to the Migration Regulations 1994 (the Regulations) because the applicant failed to provide proof of Overseas Student Health Cover (OSHC).

4. The applicant appeared before the Tribunal on 28 June 2018 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Punjabi and English languages.

5. The applicant was assisted in relation to the review by their registered migration agent.

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

   CONSIDERATION OF CLAIMS AND EVIDENCE

7. The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl.500.211 to cl.500.218 must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. The issue in the present case is failure to provide proof of OSHC.

   Other criteria

8. On 10 February 2018 the delegate issued a decision saying cl.500.215 had not been met because the applicant had not provided proof of OSHC coverage.

9. On 28 May 2018 the Tribunal wrote to the applicant asking he provide evidence of adequate health insurance arrangements, from an approved provider, for the duration of his intended stay in Australia.

10. On 27 February 2018 Australian Health Management issued a receipt for payment of OSHC coverage.

11. On 28 May 2018 the applicant provided to the Tribunal information as to OSHC as outlined in paragraph 9 above.

12. The applicant has provided proof of OSHC.

13. Accordingly, the Tribunal is satisfied that the applicant meets cl.500.215 of Schedule 2 to the Migration Regulations 1994.

14. Given the above findings, the Tribunal finds that the criteria for the grant of a Subclass 500 (Student) visa are met. Accordingly the decision under review will be remitted to the delegate for reconsideration.

15. The Tribunal remits the decision 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

    Mark Bishop
    Member