Karuppusamy (Migration)

[2018] AATA 4060

Karuppusamy (Migration) [2018] AATA 4060 (4 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Gopalakrishnan Karuppusamy

CASE NUMBER:  1723770

DIBP REFERENCE(S):  BCC2017/2506843

MEMBER:Tim Connellan

DATE AND TIME OF

ORAL DECISION AND REASONS:          4 September 2018 at 1:56 pm (VIC time)

DATE OF WRITTEN RECORD:                21 September 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision under review.

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – genuine access to funds – inadequate finances – no arrangements for health insurance – seeking a further extension to organise finances – decision under review affirmed

LEGISLATION
Migration Regulations 1994 (Cth), Schedule 2 cls 500.214, 500.215, 500.217 Schedule 4 PIC 4005

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 28 September 2017 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (the Act).

2. At the hearing on 4 September 2018 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

3. MEMBER:  Mr Karuppusamy, the situation is to be eligible for the grant of a student visa, applicants must satisfy a range of criteria set out in the regulations. 

4. You applied for a student visa on 14 July 2017.  Your application was refused on 28 September 2017 because the delegate was not satisfied you met the requirements for a visa and you appealed that decision to be reviewed by this Tribunal.

5. With your application you included a copy of the primary decision and we have been through it today.  You say you understood it and you have read it and we have been through it and your application was refused because the delegate found you did not satisfy a range of criteria. You did not satisfy clause 500.214 which was evidence of financial capacity and the primary decision detailed the fact that you were required to show evidence of access to sufficient funds to pay for your fees, your living expenses and for travel expenses.

6. You did not satisfy clause 500.215 because you had not provided evidence of adequate arrangements for health insurance during the period of your intended stay in Australia.

7. You did not satisfy clause 500.217, specifically public interest criteria 4005 and you have not provided evidence of a medical that was required.

8. So as I say, you appealed that refusal decision to be reviewed by this Tribunal. You lodged your review application on 3 October 2017 and on 4 October 2017 we sent you a letter acknowledging your application and in that letter we stated that if you wished to provide material or written arguments for us to consider you should do so as soon as possible.

9. Given that your application had been refused because you had failed to provide the required evidence, one might have thought that you might have responded by providing some evidence, but you did not.  Nothing came in.  So the matter came to me and on 9 August, almost a month ago, I organised to have you sent a letter inviting you to today’s hearing and in addition to inviting you to today’s hearing,  It also said:

10. In addition, please provide the following information, in heavy letters, at least seven days before the hearing date so that a decision can be made.

    It asked you to provide

    ·     a copy of your current Certificate of Enrolment, (CoE)

    ·     documents that show your past studies in Australia. 

    It then said:

    ·     Please also provide documents which demonstrate you have genuine access to sufficient funds to meet your costs and expenses during your intended stay in Australia.

    So it explained what was required for the financial evidence. 

    It continued

    ·     Please provide evidence of adequate arrangements for health insurance by an approved provider during the period of your intended stay in Australia, and

    ·     Please provide evidence of your current medical assessment by the Department’s medical services provider.

11. You responded to the hearing invitation saying, “Yes, I am coming and my agent is coming.”  I asked you a number of times today why your agent has not come and you have provided no response.  You just say he’s not coming. 

12. You did not provide any of the evidence as requested, however, what did happen was that at 11:53 this morning we received an email submission that includes a CaE for an Advanced Diploma of Business scheduled to run from 20 August 2018 to 20 January 2020.  You have not started that course I presume.  You have not started it?

13. MR KARUPPUSAMY:  Yes, I started last week.

14. MEMBER:  I beg your pardon?  Have you been to classes?

15. MR KARUPPUSAMY:  Yes, last week.

16. MEMBER:  You have not paid any fees.  You have not paid them any money.  All right, so you say you have started it. 

17. You also provided evidence that you have completed a Diploma of Leadership and Management.  The fees for the Advanced Diploma of Business as I said are $9,700 and there is no evidence that any of it has been paid. 

18. That is the total of the submissions that were received, not seven days before the hearing, but at midday today.

19. I come to today’s hearing and say, “Well, we sent you the hearing invitation.  Can you tell me what is going on with regards to the finances?” which is one of the reasons your application was refused and we asked you to provide evidence of having the money and you say, “Well, yes, I have spoken to my agent and the situation is I cannot show how much money I need to show.  The agent tells me I need to show.  I do not have the money.  I am trying to get it from my family and when I get it I will be able to provide it and so I will get it pretty soon.”  I presume that that is asking for further time.

20. As I said to you, the decision we are reviewing was made almost a year ago. You lodged this application well over a year ago so you have been aware of the need to provide these funds for over a year.  I am not prepared to grant further time for the provision of financial evidence. 

21. You tell me you do not have health insurance and you have not had the medical.

22. So the situation is that your application was refused because you did not satisfy a number of clauses that require to be satisfied, namely cls. 500.214, 500.215 and 500.217. 

23. You have today told the Tribunal that you still have not provided the evidence and you therefore do not satisfy clause 500.214, clause 500.217 or clause 500.215 and as you do not satisfy those requirements, which are prerequisites for the grant of a visa, you are not eligible for the grant of a visa.

24. It is therefore the decision of this Tribunal to affirm the decision under review and this decision was made at 1:56 pm on this, 4 September 2018.

    DECISION

25. The Tribunal affirms the decision under review.

    Tim Connellan
    Member