Zhang (Migration)

[2018] AATA 5554

Zhang (Migration) [2018] AATA 5554 (20 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Renjie Zhang

CASE NUMBER:  1715028

HOME AFFAIRS REFERENCE(S):           BCC2017/1213133

MEMBER:Gabrielle Cullen

DATE:20 November 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 20 November 2018 at 9:12am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – health insurance – adequate arrangements for relevant period – evidence before the Tribunal – decision under review remitted

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 Immigration and Border Protection on 29 June 2017 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 30 March 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 refused to grant the visa on the basis that the applicant had not provided arrangements for health insurance as required by cl.500.215 of Schedule 2 to the Migration Regulations 1994 (the Regulations).

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

   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. The issue in the present case is whether the applicant has evidence of adequate arrangements in Australia for health insurance as provided for by cl.500.215, which is repeated below.

   The applicant gives the Minister evidence of adequate arrangements in Australia for health insurance during the applicant’s intended stay in Australia.

6. Information from the applicant’s current COE and PRISMS records indicate the applicant is enrolled in a Bachelor of Engineering to finish on 21 January 2022. Information provided by the applicant from Bupa indicates that she has overseas student health insurance cover to 1 April 2022 which commenced in 2014.

7. The Tribunal therefore finds that the requirement of cl.500.215 is met.

8. Given the findings above, the appropriate course is for the Tribunal to remit the matter to Minister for reconsideration of the remaining criteria for the visa.

   DECISION

9. 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.

   Gabrielle Cullen
   Member