Chi (Migration)

[2019] AATA 4715

Chi (Migration) [2019] AATA 4715 (22 October 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Gabrielle Mei Yen Chi

CASE NUMBER:  1911461

HOME AFFAIRS REFERENCE(S):           BCC2019/441202

MEMBER:Kira Raif

DATE:22 October 2019

PLACE OF DECISION:  Sydney

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 22 October 2019 at 3:29pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Overseas Student Health Cover – no evidence of adequate cover provided to delegate – satisfactory evidence of cover provided to Tribunal – 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 Home Affairs on 24 April 2019 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 12 February 2019. 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 did not provide evidence of adequate health insurance.

3. No hearing was held in this case as the Tribunal was able to make a favourable decision on the material before it.

   Relevant law

4. The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. 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.

5. Relevantly to this case, cl. 500.215 requires the applicant to provide evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

   Has the evidence of health insurance been provided?

6. The applicant provided to the Tribunal a copy of the primary decision record. It indicates that the applicant provided with her application evidence of her enrolment in a course which was due to end in June 2019 and evidence of health insurance valid until April 2019. In March 2019 the delegate requested the applicant to provide evidence of adequate arrangements for health insurance until July 2019 and the applicant has not done so.

7. The applicant provided to the Tribunal evidence of having arranged health insurance with Allianz until September 2019.

8. Information in the primary decision record indicates that the applicant was enrolled in a course which ran until June 2019. The Tribunal is satisfied the applicant holds a health insurance cover valid until September 2019. The Tribunal is satisfied that the applicant has given evidence of adequate arrangements in Australia for health insurance during the period of her intended stay in Australia. The applicant meets cl. 500.215.

   Conclusion

9. 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

10. 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.

    Kira Raif
    Senior Member