Gadahi (Migration)

[2022] AATA 1754

Gadahi (Migration) [2022] AATA 1754 (8 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Kartik Gadahi

REPRESENTATIVE:  Mr Imran Ali (MARN: 0959879)

CASE NUMBER:  2203875

HOME AFFAIRS REFERENCE(S):         BCC2021/472773 - 75643420

MEMBER:Gabrielle Cullen

DATE:8 April 2022

PLACE OF DECISION:  Sydney

DECISION: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

Statement made on 08 April 2022 at 4:42pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – evidence of adequate arrangements – evidence of Overseas Student Health Cover (OSHC) – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
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 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 30 March 2021. The delegate refused to grant the visa on 24 February 2022.

2. 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).

3. 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

4. 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.

5. Information from the applicant indicates they are enrolled in the following registered course at Western Sydney University:

   ·Bachelor of Nursing (01/02/22 to 31/07/22; 01/08/22 to 30/11/22)

6. The applicant had previously provided the Department with evidence of Overseas Student Health Cover (OSHC) for the period 05/02/18 to 04/04/21 with Allianz Global Assistance.  On 21 March 2022, the applicant provided the Tribunal with evidence of Overseas Student Health Cover (OSHC) for the period 13/03/22 to 13/01/23 with BUPA. I note the period of the current cover ends six weeks after the applicant would complete their current course of study

7. 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.

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

   DECISION

9. 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