Tran (Migration)

[2018] AATA 1135

Tran (Migration) [2018] AATA 1135 (5 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Hai Dieu Linh Tran

CASE NUMBER:  1804326

DIBP REFERENCE(S):  BCC2017/3071878

MEMBER:Mark Bishop

DATE:5 April 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the decision 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 05 April 2018 at 7:18am

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Evidence of adequate health insurance – Proof of OSHC providence to the Tribunal

LEGISLATION
Migration Act 1958, s 65
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 25 August 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 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 Cover (OSHC).

4. The Tribunal resolved this matter on the papers.

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

Consideration of Claims and Evidence

1. 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 failure to provide proof of OSHC.

Other criteria

1. On 29 January 2018 the delegate issued a decision saying cl.500.215 had not been met because the applicant had not provided proof of OSHC coverage.

2. On 21 February the Tribunal wrote to the applicant asking she provide evidence of adequate health insurance arrangements, from an approved provider, for the duration of her intended stay in Australia.

3. On 19 February 2018 Allianz issued a receipt for payment of OSHC coverage.

10.  On 21 February 2018 the applicant provided to the Tribunal information as to OSHC as outlined in paragraph 9 above.

11.  The applicant has provided proof of OSHC.

12. Accordingly, the Tribunal is satisfied that the applicant meets cl.500.215 of Schedule 2 to the Migration Regulations 1994.

13.  Given the above findings, the Tribunal finds that the criteria for the grant of a Subclass 500 (Student) visa are met. Accordingly the decision under review will be remitted to the delegate for reconsideration.

14.  The Tribunal remits the decision 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

Mark Bishop
Member