Tang (Migration)

[2019] AATA 1179

Tang (Migration) [2019] AATA 1179 (10 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Yuanyuan Tang
Mr Donghai Tang
Miss Kexin Tang
Miss Emma Keren Tang

CASE NUMBER:  1835142

HOME AFFAIRS REFERENCE(S):           BCC2017/1130814

MEMBER:Mark Bishop

DATE:10 January 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for Student (Temporary) (Class TU) visas for reconsideration, with the direction that the first named applicant and secondary applicants, respectively, meet the following criteria for a Subclass 500 (Student) visa:

·Cl.500.211 and cl.500.215 of Schedule 2 to the Regulations.

·Cl.500.311 of Schedule 2 to the Regulations.

Statement made on 10 January 2019 at 3:30pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Cookery – Hospitality – Business studies – evidence of Overseas Student Health Coverage provided – Certificate of Enrolment provided – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cls 500.211, 500.215, 500.311

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 12 November 2018 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 23 March 2017. 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. 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 failed to provide proof of Overseas Student Health Coverage (OSHC).

4. The Tribunal resolved the review on the papers.

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

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.

   Other criteria

7. On 19 December 2018 the applicant provide to the Tribunal the following documents:

8. On 28 August 2018 the applicant provide to the Tribunal the following documents:

   ·Proof of OSHC for the period 12 October 2018  until 31 December 2019;

   ·COE’s for enrolment in Certificate III and IV in Commercial Cookery, a  Diploma of Hospitality Management and an Advanced Diploma of Business in the period 13 February 2017 until 27 October 2019;

9. Accordingly, the Tribunal is satisfied that the applicant meets cl.500.211 and cl.500.215. of Schedule 2 to the Regulations.

10. 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

11. The Tribunal remits the application for a Student (Temporary) (Class TU) visa for reconsideration, with the direction that the applicant and secondary applicants, respectively, meet the following criteria for a Subclass 500 (Student) visa:

    ·Cl.500.211 and cl.500.215 of Schedule 2 to the Regulations.

    ·Cl.500.311 of Schedule 2 to the Regulations

    Mark Bishop
    Member