Pramana (Migration)

[2018] AATA 1144

Pramana (Migration) [2018] AATA 1144 (29 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Putu Indra Pramana

CASE NUMBER:  1803094

DIBP REFERENCE(S):  BCC2017/3825719

MEMBER:Lilly Mojsin

DATE:29 March 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 500 (Student) visa:

·cl.500.215 of Schedule 2 to the Regulations.

Statement made on 29 March 2018 at 12:07pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Tribunal did not invite the applicant to a hearing – Applicant provided evidence of health cover to the Tribunal – Able to satisfy cl 500.215

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 Immigration on 29 January 2018 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant applied for the visa on 18 October 2017. 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 did not on the basis that the applicant did not satisfy the requirements of cl.500.215 Schedule 2 to the Migration Regulations 1994 (the Regulations) because the applicant did not provide evidence of health cover.

4. The Tribunal did not invite the review applicant to attend a hearing as it decided it should make a favourable decision on the available evidence (s.360(2)).

   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 at least one applicant. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria.

6. The applicant did not provide evidence of health cover to the Department.

7. On 29 January 2018 the applicant provided evidence of health cover to the Tribunal, a letter from BUPA certifying that the applicant’s Health Insurance Contribution was paid from 28 March 2018 to 15 March 2020.

8. Accordingly, the Tribunal is satisfied that the applicant meets cl.500.215.

9. Given the above findings, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 500 (Student) visa.

   DECISION

10. 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 500 (Student) visa:

    ·cl.500.215 of Schedule 2 to the Regulations.

    Lilly Mojsin
    Member