1608657 (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision not to grant the applicant a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 visa. The applicant sought to have the delegate's decision, which affirmed the refusal of the visa, set aside.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 485.215 of the Migration Regulations 1994. This clause mandates that at the time of application, there must have been evidence of adequate health insurance arrangements in Australia, and that such arrangements must have continued from the time of application.

The Tribunal reasoned that while the applicant had provided evidence of overseas student health cover that expired on 15 March 2016, and subsequently obtained a different health insurance policy commencing on 15 March 2016, this did not satisfy the requirements of clause 485.215. The applicant's representative conceded that at the time of lodging the application on 10 March 2016, the applicant had not yet transitioned to the required health insurance for a Subclass 485 visa. Consequently, the Tribunal concluded that the applicant had not provided evidence of adequate health insurance arrangements at the time of application, nor had he maintained such arrangements continuously since that time.

As the applicant failed to satisfy this essential criterion for the Subclass 485 visa, and no other visa subclasses were relevant, the Tribunal affirmed the delegate's decision. The decision under review was therefore affirmed.