Heidkamp (Migration)

[2018] AATA 5556

Heidkamp (Migration) [2018] AATA 5556 (16 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Nina Heidkamp

CASE NUMBER:  1832176

HOME AFFAIRS REFERENCE(S):           BCC2018/2952431

MEMBER:Mila Foster

DATE:16 November 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 16 November 2018 at 11:42am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – adequate arrangements for relevant period – new evidence before the 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 17 October 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 to the Department of Home Affairs for the visa on 6 August 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 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 had not provided evidence of adequate arrangements in Australia for health insurance during the period of her intended stay.

4. For the following reasons, I have concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

5. The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. The primary criteria in cl.500.211 to cl.500.218 must be satisfied by at least one applicant. The issue in the present case is whether the applicant satisfies the requirement in cl.500.215 that the applicant give the Minister (or Tribunal on review) evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

6. The applicant applied for the student visa to undertake a course of study in Australia which ends on 31 December 2020. However, she provided evidence to the Department of health insurance cover for a period ending on 1 December 2018. As the applicant had not provided evidence of health insurance cover for the duration of her intended period of study in Australia her student visa application was refused by the delegate.

7. On review, the applicant provided evidence that she had obtained overseas student health insurance cover commencing on 1 November 2018 and expiring on 31 March 2021. As that health insurance covers the period of her intended period of study in Australia, I find that the applicant has now provided evidence of adequate arrangements in Australia for health insurance during the period of her intended stay in Australia. Accordingly, I am satisfied that the applicant meets cl.500.215 and the appropriate course is therefore 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.

   Mila Foster

   
   

   Member