1508419 (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Temporary Work (Skilled) visa (subclass 457). The primary applicant had applied for the visa on 19 March 2015. The delegate refused the application on 9 June 2015, finding that the applicant had not provided sufficient evidence of adequate health insurance arrangements in Australia for the duration of their intended stay, as required by clause 457.223B of the Regulations. The applicant sought a review of this decision.

The legal issue before the Tribunal was whether the primary applicant had made adequate arrangements for health insurance during their intended stay in Australia, satisfying the requirements of clause 457.223B. The Tribunal also considered evidence provided by the applicant's agent regarding the health insurance arrangements for both the primary and secondary applicants.

The Tribunal noted that the Department had requested evidence of health insurance on 8 May 2015, with a deadline of 5 June 2015. The applicant's agent acknowledged that there had been some confusion regarding this request, and the evidence was not provided before the initial refusal. However, the agent subsequently provided a letter from Bupa dated 10 June 2015, indicating that both applicants had health insurance. The Tribunal sought clarification on whether this cover was still current, and the applicants provided an updated letter from Bupa on 18 October 2016. This letter confirmed that the applicants had health insurance cover with Bupa that was at least as comprehensive as the minimum level required for the visa. Based on this evidence, the Tribunal found that the applicants had adequate health insurance arrangements.

The Tribunal remitted the applications for reconsideration, directing that the primary applicant met the criteria for a subclass 457 visa, specifically clause 457.223B.