MALOLES (Migration)

[2018] AATA 2213

MALOLES (Migration) [2018] AATA 2213 (2 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  AINALYN MALOLES

CASE NUMBER:  1802979

DIBP REFERENCE(S):  BCC2015/2856805

MEMBER:Lilly Mojsin

DATE:2 May 2018

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 572 Vocational Education and Training Sector visa:

·cl.572.225 of Schedule 2 to the Regulations.

Statement made on 02 May 2018 at 9:36am

CATCHWORDS
Migration– Student (Temporary) (Class TU) visa – Subclass 572 (Vocational Education and Training Sector visa) – Evidence of adequate arrangements of health insurance provided – Decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360
Migration Regulations 1994, 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 on 15 January 2018 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 572 visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicant applied for the visa on 30 September 2015. The 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. The applicant appealed that decision to this Tribunal on 15 January 2018, attaching a copy of the Department decision to her application.

3. The Tribunal has decided it should make a favourable decision on the available evidence (s.360(2)).

   CONSIDERATION OF CLAIMS AND EVIDENCE

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

5. 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.

6. On 5 April 2018 the applicant submitted a letter from Medibank confirming that the applicant had paid for Overseas Student Health Cover. Her membership commenced on 20 October 2015 and expired on 10 September 2020.

7. 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.

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

   DECISION

9. 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 572 Vocational Education and Training Sector visa:

   ·cl.572.225 of Schedule 2 to the Regulations.

   Lilly Mojsin
   Member