ZHOU (Migration)

[2017] AATA 1932

ZHOU (Migration) [2017] AATA 1932 (26 September 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss JIAOYU ZHOU

CASE NUMBER:  1719015

DIBP REFERENCE(S):  BCC2017/1790325

MEMBER:Mark Bishop

DATE:26 September 2017

PLACE OF DECISION:  Melbourne

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 26 September 2017 at 12:34pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Proof of overseas Student Health Cover

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 500.211, cl 500.215, cl 500.218

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 4 August 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 19 May 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) as the applicant had not provided proof of Overseas Student Health Cover (OSHC).

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 the applicant failed to provide evidence of OSHC to the Decision Maker (DM) at the time of making the decision in this matter.

   OTHER CRITERIA

6. The Tribunal has before it the Department’s file relating to this application and the Tribunal file.

7. A valid application for a Student visa was made by the applicant. On 19 May 2017 the applicant lodged a TU 500 Higher Education Student visa application. The applicant provided evidence of OSHC only until 24 May 2018. As the relevant course end date is 30 June 2018 the coverage provided was not adequate.

8. Repeated emails (17 June and 2 August) were sent to the applicants address, phone calls were made and a message was left on the applicant’s mobile phone number on 3 August. The due date for providing the documentation was 2 August 2017 and the applicant was so advised to provide evidence of OSHC. The applicant did not respond to any of these attempts to make contact.

9. At the time of making the decision the relevant documentation as to extension of OSHC until 30 August 2018 was not provided by the applicant.

10. Subsequent to the making of the decision a verification letter dated 10 August 2017 on the letterhead of Bupa (an authorised health insurance provider) was inserted into the Tribunal file. This verification letter advised that OSHC for Ms Jiaoyu Zhou (the applicant) had been extended until 30 August 2018.

11. This verification letter satisfies the requirements of cl.500.215 of Schedule 2 to the Migration regulations 1994.

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

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.

    Mark Bishop
    Member