Kaur (Migration)

[2017] AATA 2642

Kaur (Migration) [2017] AATA 2642 (25 September 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Ramanjeet Kaur

CASE NUMBER:  1716691

DIBP REFERENCE(S):  BCC2017/1320770

MEMBER:Michael Ison

DATE:25 September 2017

PLACE OF DECISION:  Melbourne

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 25 September 2017 at 4:13pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Evidence of health insurance provided

LEGISLATION

Migration Act 1958, ss 65, 360(2)(a)

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 12 July 2017 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 8 April 2017. 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 did not provide evidence of adequate arrangements for health insurance during the applicant’s stay in Australia.

4. For the following reasons, the Tribunal has 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. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. The issue in the present case is whether the applicant has provided evidence of adequate health insurance during the applicant’s intended stay in Australia.

6. At the time of the delegate’s decision the applicant was enrolled in a Diploma of Leadership and Management, commencing 9 January 2017 and concluding on 3 December 2017. The applicant was also enrolled in an Advanced Diploma of Leadership and Management, commencing 8 January 2018 and concluding on 23 December 2018.

7. The Applicant provided evidence to the delegate, being a certificate of insurance from AHM health insurance, of overseas student health insurance cover to 15 March 2018. The delegate sought further information from the applicant, but it was not provided.

8. On 12 July 2017 the delegate refused the applicant’s application for a Student (Temporary) (Class TU) Student (subclass 500) visa on the basis that the applicant had not provided evidence of adequate health insurance as required by cl.500.215. The insurance policy purchased by the applicant did not cover the full period of the applicant’s intended study in Australia to 23 December 2018.

9. On 24 July 2017, prior to a hearing date being set, the applicant provided the Tribunal with evidence, being a certificate of insurance from NIB Health Funds Ltd, of overseas student health insurance cover from 16 March 2018 to 15 March 2019.

10. On 15 August 2017 the applicant’s enrolment in the Advanced Diploma of Leadership and Management was cancelled.

11. Based on the information before the Tribunal, the Tribunal has decided to proceed to a decision. Pursuant to s.360(2)(a) of the Act, the applicant was not invited to appear before the Tribunal because the Tribunal considers it should decide the review in the applicant’s favour.

12. The Tribunal is satisfied that the applicant meets cl.500.215 of Schedule 2 to the Regulations.

13. 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

14. 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.

    Michael Ison
    Senior Member