Dale (Migration)

[2022] AATA 4918

Dale (Migration) [2022] AATA 4918 (5 December 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Charles Edouard Dale

REPRESENTATIVE:  Mr Giuseppe Romano (MARN: 1798958)

CASE NUMBER:  2210653

HOME AFFAIRS REFERENCE(S):          BCC2021/1142319

MEMBER:Gabrielle Cullen

DATE:5 December 2022

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 05 December 2022 at 4:02pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa– applicant has provided evidence of adequate arrangements for health insurance – applicant provided the Tribunal with evidence of Overseas Student Health Cover (OSHC) –– decision under review remitted

LEGISLATION
Migration Act 1958, s 65

Migration Regulations 1994, 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 6 July 2022 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The applicant applied for the visa on 26 May 2021. 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 had not provided evidence of adequate arrangements for health insurance as required by cl 500.215 of Schedule 2 to the Migration Regulations 1994 (the Regulations).

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   CONSIDERATION OF CLAIMS AND EVIDENCE

5. The issue in the present case is whether the applicant has given evidence of adequate arrangements for health insurance during the period of the applicant's intended stay in Australia, as provided for in cl 500.215.

6. Information from the applicant indicates he is enrolled in the following registered course studying a Certificate III in Carpentry to 29 January 2023

7. On 5 December 2022 the applicant provided the Tribunal with evidence of Overseas Student Health Cover (OSHC) for the period 2 August 2022 to 29 March 2023 with NIB. The Tribunal notes that the period of cover ends 2 months  after the applicant's intended course of study is completed.

8. Based on the available evidence, the Tribunal is satisfied that at the time of this decision, the applicant has provided evidence of adequate arrangements for health insurance during the period of his intended stay in Australia, and accordingly cl 500.215 is also met.

9. As the criterion is met, the Tribunal has concluded that the matter should be remitted for reconsideration.

   decision

10. 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

    Gabrielle Cullen
    Member