Hewa Atapattuge (Migration)

[2019] AATA 4721

Hewa Atapattuge (Migration) [2019] AATA 4721 (22 October 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Anuka Pamith Hewa Atapattuge

CASE NUMBER:  1920265

HOME AFFAIRS REFERENCE(S):           BCC2019/1322912

MEMBER:Kira Raif

DATE:22 October 2019

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 22 October 2019 at 3:21pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Overseas Student Health Cover – evidence of cover provided to delegate did not specify period of validity – satisfactory evidence of cover provided to 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 23 July 2019 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 15 March 2019. 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 did not provide evidence of adequate health insurance.

3. No hearing was held in this case as the Tribunal was able to make a favourable decision on the material before it.

   Relevant law

4. The criteria for a Subclass 500 (Student) visa are set out in Part 500 of Schedule 2 to the Regulations. 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.

5. Relevantly to this case, cl. 500.215 requires the applicant to provide evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

   Has the evidence of health insurance been provided?

6. The applicant provided to the Tribunal a copy of the primary decision record. It indicates that the applicant provided with his application evidence of having obtained health insurance until April 2019 and additional evidence of health insurance which did not specify the period of validity. As a result, the delegate was not satisfied the applicant had made adequate arrangements for health insurance.

7. The applicant provided to the Tribunal evidence of having arranged OSHC health insurance with Allianz until August 2021 and his CoE for the Bachelor of Commerce, which the applicant is due to complete in December 2020.

8. The Tribunal finds that the applicant is enrolled in the Bachelor of Commerce with the completion date of 31 December 2020. The Tribunal is satisfied the applicant holds a health insurance cover valid until August 2021. The Tribunal is satisfied that the applicant has given evidence of adequate arrangements in Australia for health insurance during the period of his intended stay in Australia. The applicant meets cl. 500.215.

   Conclusion

9. 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

10. 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.

    Kira Raif
    Senior Member