Singh (Migration)

[2019] AATA 537

Singh (Migration) [2019] AATA 537 (19 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Suryansh Pratap Singh

CASE NUMBER:  1832286

HOME AFFAIRS REFERENCE(S):           BCC2018/3106771

MEMBER:Bridget Cullen

DATE:19 February 2019

PLACE OF DECISION:  Brisbane

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 19 February 2019 at 3:18pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – cover expired before intended course finish date – evidence of extension of health insurance to cover Confirmation of Enrolment period – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
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 18 October 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 17 August 2018. 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 satisfy the requirements of cl.500.215 of Schedule 2 to the Migration Regulations 1994 (the Regulations) because the applicant did not provide evidence of an extension of health insurance to cover their Confirmation of Enrolment period.

4. A hearing was originally scheduled for 1 March 2019. Following receipt of the evidence provided to the Tribunal on 19 February 2019, the Tribunal no longer considered a hearing necessary, as it was able to find in favour of the visa applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

5. The applicant was assisted in relation to the review by their registered migration agent.

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

   CONSIDERATION OF CLAIMS AND EVIDENCE

7. 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 adequate arrangements in Australia for health insurance.

8. One of the criteria for a Subclass 500 (Student) visa is that the applicant satisfy cl.500.215 This clause provides 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.”

9. The applicant provided the Department of Home Affairs with evidence of Overseas Student Health Cover until 12 September 2019, short of his intended course finish date.

10. The Delegate found that the applicant did not satisfy this requirement as he did not provide evidence of adequate arrangements in Australia for health insurance during the period of his intended stay.

11. On 19 February 2019, the Applicant provided the Tribunal with a Certificate of Insurance from Allianz, for the period of 13 September 2019, with an expiry date of 12 July 2020. The Applicant also provided the Tribunal with a Confirmation of Enrolment for a double degree of Bachelor of Business / Bachelor of Commerce, with a course end date of 30 June 2020. The course end date is prior to the expiry of the health insurance.

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

13. 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

14. 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.

    Bridget Cullen
    Member