Sharma (Migration)

[2018] AATA 2374

Sharma (Migration) [2018] AATA 2374 (21 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Harish Kumar Sharma

CASE NUMBER:  1811715

HOME AFFAIRS REFERENCE(S):           BCC2017/4973331

MEMBER:Jennifer Cripps Watts

DATE:21 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 500 (Student) visa:

·cl.500.215 of Schedule 2 to the Regulations.

Statement made on 21 May 2018 at 11:59am

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Evidence of adequate health insurance not provided to the Department – Evidence of adequate health insurance subsequently provided to the Tribunal – Decision remitted with direction

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), 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 6 April 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 27 December 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 visas on the basis that the applicant did not satisfy the requirements of cl.500.215 of Schedule 2 to the Migration Regulations 1994 (the Regulations) because she did not give to the Minister evidence of adequate arrangements in Australia for health insurance during the period of her intended stay in Australia.

4. The applicant has provided the Tribunal with evidence of having made adequate arrangements for health insurance and was informed that the Tribunal could make a decision on the papers remitting the matter for reconsideration on the basis he now meets cl.500.215 and with the direction that his application be assessed against the remaining criteria for a subclass 500 student visa. The applicant confirmed in writing, in an email received from his representative on 21 May 2018, that he understood this meant he was waiving his right to a hearing. The Tribunal has proceeded to make a decision on the evidence before it.

5. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

6. 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. The issue in the present case is whether the applicant has made adequate arrangements in Australia for health insurance during the period of his intended stay: cl.500.215.

   Health Requirements (cl.500.215)

7. Regulation 500.215 stipulates that 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. The applicant applied for a subclass 500 student visa on 27 December 2017.  He has provided the Tribunal with the following documents:

   a.Copy of his current Confirmation of Enrolment (COE) indicating he is enrolled in a Bachelor of Business with provider number [02571D] from 28/08/2017 to 21/08/2020

   b.ahm OSHC policy certificate indicating he has single overseas student health cover from 27/12/2017 to 21/11/2020

9. Accepting that the applicant’s period of intended stay is as indicated on the above COE that has been provided, the Tribunal is satisfied that he now has adequate health cover arrangements for the period of his intended stay.  The course finishes in August 2020 and the health cover finishes three months later, in November 2020.

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

11. 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

12. 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.

    Jennifer Cripps Watts
    Member