Meepe Galketiya Gamage (Migration)

[2022] AATA 754

Meepe Galketiya Gamage (Migration) [2022] AATA 754 (21 March 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Geethika Kithmini Meepe Galketiya Gamage

REPRESENTATIVE:  Mr Girishkumar J Patel (MARN: 1794078)

CASE NUMBER:  2117081

HOME AFFAIRS REFERENCE(S):          BCC2021/396175

MEMBER:Gabrielle Cullen

DATE:21 March 2022

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 500 visa:

·cl 500.215 of Schedule 2 to the Regulations

Statement made on 21 March 2022 at 1:09pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance in Australia – Overseas Student Health Insurance policy provided upon review – decision under review remitted      

LEGISLATION

Migration Act 1958, ss 65, 360
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 Home Affairs on 8 November 2021 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The applicant applied for the visa on 15 March 2021. 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 had not provided evidence of adequate arrangements for health insurance as required by cl 500.215 of Schedule 2 to the Migration Regulations 1994 (the Regulations).

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 the applicant.

6. The issue in the present case is whether the applicant has given evidence of adequate arrangements for health insurance during the period of the applicant's intended stay in Australia, as provided for in cl 500.215.

7. PRISMS records indicate the applicant remains enrolled in the same group of courses as at the time of application, commencing with studies in General English on 15 February 2021 and concluding with a Bachelor of Community Services, ending 31 May 2025.

8. On 2 December 2021, the applicant provided the Tribunal with evidence of his Overseas Student Health Cover (OSHC) for the period 25 July 2019 to 31 July 2025 with AHM OSHC. 

9. Based on that evidence, the Tribunal is satisfied that at the time of this decision the applicant has provided evidence of adequate arrangements for health insurance during the period of his intended stay in Australia, and therefore cl 500.215 is met.

10. As the Tribunal is satisfied that this criterion is met, it has concluded that the matter should be remitted for reconsideration.

11. In reaching this decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, as provided for in s 360(2)(a) of the Act.

    DECISION

12. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:

    ·cl 500.215 of Schedule 2 to the Regulations

    Gabrielle Cullen
    Member