Lee (Migration)

[2019] AATA 1681

Lee (Migration) [2019] AATA 1681 (17 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Zheng Hong Lee
Mrs Kuan Xin Wong

CASE NUMBER:  1831457

DIBP REFERENCE(S):  BCC2018/2123257

MEMBER:Tim Connellan

DATE AND TIME OF

ORAL DECISION AND REASONS:          17 January 2019 at 10:20 am (VIC time)

DATE OF WRITTEN RECORD:                1 February 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decisions under review.

Statement made on 01 February 2019 at 8:54am

CATCHWORDS
MIGRATION – Student (Temporary)(Class TU) – Subclass 500 (Student) – no evidence of health insurance for family – not undertaken required medical assessment – illness in family – insufficient funds – required evidence not provided – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth)
Migration Regulations 1994, Schedule 2, cls 500.215, 500.217

APPLICATION FOR REVIEW

1. This is an application for review of decisions made by a delegate of the Minister for Immigration on 17 October 2018 to refuse to grant the visa applicants Student (Temporary) (Class TU) Subclass 500 visas under the Migration Act 1958 (the Act).

2. At the hearing on 17 January 2019 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. Mr Lee, you applied for a student visa back on 16 May 2018.  I will get you to interpret if you would, please, madam interpreter.

4. Your application was refused on 17 October 2018 because the delegate found you had not provided evidence that you had health insurance for yourself or your wife for your stay in Australia.  Therefore you did not satisfy clause 500.215. 

5. The delegate further found that you did not satisfy clause 500.217 because you had not undertaken a required medical assessment.  You appealed that decision to be reviewed by this tribunal.

6. On 30 October we sent you a letter asking you to provide evidence that you had undertaken a health examination and that you had health insurance for you and your wife from an approved provider.  You did not respond to that request. 

7. On 12 December 2018, more than a month ago, we sent you an invitation to today’s hearing.  In the letter with that invitation we asked you to provide evidence that you had health insurance from an approved provider for your intended stay in Australia for you and your wife and we asked you to provide evidence you had a current medical assessment by the department’s approved doctor. 

8. You have come here today and say you do not have health insurance and you have not had or have not made arrangements to have a medical.  You say the reasons for that are because your grandfather is ill at home and your family do not have sufficient money to send to you to enable you to buy the health insurance or to have the medical.

9. While I am sorry that your grandfather is ill, it is not a satisfactory reason for you not to have provided the required evidence.

10. Therefore in the circumstances I find that you do not satisfy clause 500.215 and you do not satisfy clause 500.217. 

11. It is therefore the decision of this tribunal to affirm the decision under review.

    DECISION

12. The Tribunal affirms the decisions under review.

    Tim Connellan
    Member