BIANCHI (Migration)

[2019] AATA 5669

BIANCHI (Migration) [2019] AATA 5669 (13 December 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs MARINA BIANCHI
Mr ANDERSON VEIGA FRANCISCO
Ms NINA BIANCHI VEIGA

CASE NUMBER:  1826914

HOME AFFAIRS REFERENCE(S):          BCC2018/2597328

MEMBER:P. Wood

DATE:13 December 2019

PLACE OF DECISION:  Melbourne, Victoria

DECISION:The Tribunal affirms the decisions not to grant the applicants Student (Temporary) (Class TU) visas.

Statement made on 13 December 2019 at 11:49am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – adequate evidence of health insurance – no response to tribunal’s communication – no further evidence provided – decision under review affirmed

LEGISLATION

Migration Act 1959 (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 7 September 2018 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 11 July 2018. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The primary visa applicant (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 visas 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 adequate evidence of health insurance was not provided.

4. By letter dated 25 November 2019 the Tribunal wrote to the applicants inviting them to appear before the Tribunal by telephone on 13 December 2019. On 13 December 2018 Tribunal unsuccessfully sought to telephone the first named applicant on the telephone number she nominated. Several calls were made, and each was unsuccessful.

5. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

   CONSIDERATION OF CLAIMS AND EVIDENCE

6. 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.

7. As identified above, the delegate in this case refused to grant the visas 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 adequate evidence of health insurance was not provided.

8. No further evidence has been provided to the Tribunal.

9. Accordingly, the Tribunal is not satisfied that the applicant meets cl.500.215.

10. Given the above findings, the Tribunal finds that the criteria for the grant of a Subclass 500 (Student) visa are not met. The applicant does not claim to meet the criteria for a Subclass 590 (Student Guardian) visa. Accordingly, the decision under review must be affirmed.

    DECISION

11. The Tribunal affirms the decisions not to grant the applicants Student (Temporary) (Class TU) visas.

    P. Wood
    Senior Member