Duong (Migration)

[2017] AATA 2328

Duong (Migration) [2017] AATA 2328 (1 November 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Hoang Kim Duong

CASE NUMBER:  1701815

DIBP REFERENCE(S):  BCC2016/3746923

MEMBER:Tim Connellan

DATE:1 November 2017

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 01 November 2017 at 4:28pm

CATCHWORDS

Migration – Student (Temporary)(Class TU) visa – Subclass 500 (Student) – Evidence of health cover provided since time of Department refusal

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 Immigration on 18 January 2017 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 9 November 2016. 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 delegate was not satisfied the applicant had provided evidence of health cover for the duration of her intended stay in Australia.

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. The applicant has provided evidence she is enrolled in a Bachelor Degree course scheduled to run until 30 June 2020. She has provided the Tribunal with evidence of an Overseas Student Health Policy (OSHC) with AHM from 21 February 2017 to 30 June 2020.

6. From the evidence provided to the Tribunal which was not available to the delegate, the Tribunal is satisfied that the applicant meets cl.500.215.

7. 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

8. 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.

   Tim Connellan
   Member