Ekambaram (Migration)

[2018] AATA 1687

Ekambaram (Migration) [2018] AATA 1687 (27 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Yagesh Ekambaram

CASE NUMBER:  1810445

DIBP REFERENCE(S):  BCC2018/790844

MEMBER:David Barker

DATE:27 April 2018

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 27 April 2018 at 12:17pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Health insurance – Overseas Student Health Cover Policy provided – Certificate of enrolment – 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 Immigration on 5 April 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 18 February 2018. 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 made the decision on the basis that evidence of adequate health insurance was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

4. On 13 April 2018, the Tribunal received evidence of an Overseas Student Health Cover Policy, with Allianz Global Assistance, confirming the applicant has health insurance for the period from 29 September 2018 to 28 March 2019.  Further details regarding this health insurance policy were also provided to the Tribunal.

5. In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

6. The applicant has a Certificate of Enrolment (CoE) for the intended course of study as nominated in the relevant visa application, namely a Master of Professional Engineering. This CoE states that the course is due to end on 21 January 2019.

7. The applicant has provided evidence that he has an Overseas Student Health Policy (OSHC) with Allianz Global Assistance, valid until 28 March 2019. The applicant explained that notwithstanding the CoE indicating his course will finish in January 2019, it is likely he will complete it earlier at the end of the first academic semester in 2018.   He the issue with his OSHC arose when he only took out insurance for the period he anticipated he would need it.  He said that he has now secured it for the full period identified in the relevant CoE.

8. 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 and that given this finding, 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

9. 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.

   David Barker
   Member