MALOLES (Migration)

[2018] AATA 4116

MALOLES (Migration) [2018] AATA 4116 (13 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms AINALYN MALOLES

CASE NUMBER:  1822175

DIBP REFERENCE(S):  BCC2015/2856805

MEMBER:David Barker

DATE:13 September 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 572 visa:

·cl.572.225 of Schedule 2 to the Regulations

Statement made on 13 September 2018 at 3:28pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) – Subclass 572 (Vocational Education and Training Sector) – health insurance – evidence of Overseas Student Health Cover – decision under review remitted for reconsideration

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 572.225

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 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 30 September 2015.  

2. On 19 April 2016 a delegate refused to grant the visa on the basis that the applicant did not satisfy the English language proficiency requirements of proficiency requirements of the subclass.  The applicant applied for a review of that decision and on 6 December 2017 the Tribunal (differently constituted) remitted the visa application to the Department with the direction the applicant met the requirements of cl.572.223(2)(a) and cl.572.223(2)(c).  Documents provided to the Tribunal at that time included confirmation of the applicant’s enrolment in a Diploma of Business (7F648C49) due to be completed on 8 December 2018 and  an Advanced Diploma of Business (7F62C712) due to be completed on 4 July 2020.

3. On 15 January 2018 a delegate refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl. 572.225 of Schedule 2 to the Regulations. This clause requires the applicant to give evidence of adequate arrangements of health insurance for the period of their intended stay in Australia. The applicant applied for a review of that decision on 15 January 2018 and on 2 May 2018 the Tribunal (differently constituted) remitted the application to the Department for reconsideration on the basis that the applicant had provided evidence of an Overseas Student Health Cover insurance policy with NIB OSHC covering the period from 21 October 2015 to 10 September 2020 and the Tribunal was accordingly satisfied cl.572.225 of the Regulations was met.

4. The delegate who reconsidered the visa application refused to grant the visa on 11 July 2018. The delegate made the decision on the basis that the applicant did not satisfy the requirements of cl. 572.225 of Schedule 2 to the Regulations because they had not provided the Department with evidence of adequate arrangements of health insurance for the length of their intended stay in Australia.

5. In light of the evidence that is available to the Tribunal, I am satisfied that the criterion is met and I have concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

6. Having regard to the applicant’s current proposed course of study, the relevant subclass in this application is Student (Temporary) (Class TU) 572.

7. Clause 572.225 states:

   The applicant gives to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant's intended stay in Australia.

8. On 5 April 2018 the applicant submitted a letter from NIB OSHC confirming that the applicant had paid for Overseas Student Health Cover. Her membership commenced on 20 October 2015 and will expire on 10 September 2020.

9. The Tribunal has reviewed records of the Provider Registration and International Student Management System which confirms the applicant continues to study in the Diploma of Business (7F648C49) and is approved to commence the Advanced Diploma of Business (7F62C712) on 14 January 2019, with this course to be completed by 4 July 2020.

10. On the basis of the above, the Tribunal is satisfied that the applicant has given evidence of adequate arrangements in Australia for health insurance during the period of her intended stay in Australia.

11. The Tribunal therefore finds the applicant meets clause 572.225.

    DECISION

12. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 572 visa:

    ·cl.572.225 of Schedule 2 to the Regulations

    David Barker
    Member