NGASIYATI (Migration)

[2017] AATA 1943

NGASIYATI (Migration) [2017] AATA 1943 (12 July 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs FIYUNINI NGASIYATI
Mr ROBERT JOZSEF REPASI

CASE NUMBER:  1700548

DIBP REFERENCE(S):  bcc2016/3905314

MEMBER:Tim Connellan

DATE:12 July 2017

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 student visa:

·cl. 500.215 of Schedule 2 to the Regulations.

Statement made on 12 July 2017 at 3:56pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 [Student) – Health insurance arrangements

LEGISLATION

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

Migration Regulation 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 10 January 2017 to refuse to grant the applicants Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act).

2. The applicants applied for the visas on 21 November 2016. At the time of application, Class TU contained two subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian). The primary visa applicant (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. On 10 January 2017 the delegate refused to grant the visa on the basis that the primary applicant Mrs Ngasiyati had not met the requirements of cl.500.215 which requires an applicant to provide evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

4. On 11 January 2017 the applicant applied to the AAT for review of the decision.

5. The review application was accompanied by evidence of “Couple” OSHC with Medibank current until 15 December 2019.

6. The visa application is to enable the primary applicant to study courses in Leadership and Management scheduled to run until 15 October 2019.

7. After considering the available evidence, the Tribunal was satisfied that pursuant to s.360(2)(a) of the Act, it should decide the review in the applicant’s favour. Therefore no hearing was required.

8. The issue in the present case is whether the applicant meets the requirements of cl.500.215.

9. From the evidence of health insurance provided, the Tribunal finds the applicant meets the requirements of 500.215.

10. Having found the applicant meets cl.500.215, the Tribunal will remit the matter to the department for consideration.

11. Having found that Mrs Ngasiyati meets the essential criteria referred to above, the appropriate course is to also remit the application of the secondary visa applicant Mr Repasi for reconsideration.

    DECISION

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

    ·cl.570.215 of Schedule 2 to the Regulations

    Tim Connellan
    Member