Arora (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision not to grant the applicant a Subclass 500 (Student) visa. The primary issue before the Tribunal was the applicant's failure to provide proof of Overseas Student Health Cover (OSHC), a criterion for the visa. The Tribunal had invited the applicant to a hearing and advised that if an adjournment was not granted, a decision might be made without further notice.

The legal issues before the Tribunal were whether to grant an adjournment of the hearing on medical grounds and, consequently, whether the applicant had satisfied the visa criteria. The applicant sought an adjournment the evening before the scheduled hearing, providing a medical certificate stating he was unfit for work from 18 March 2019 to 21 March 2019. The Tribunal's invitation to the hearing had stipulated that medical certificates for adjournment requests must indicate when the applicant would be able to attend a hearing and that such certificates should ideally be submitted no later than two business days before the hearing.

The Tribunal reasoned that the provided medical certificate was insufficient as it did not specify when the applicant would be able to attend a hearing. Furthermore, the certificate was submitted on the day prior to the hearing, contrary to the Tribunal's practice direction. The Tribunal also noted its general practice of conducting hearings by telephone if an applicant was unable to attend in person, and that a medical certificate was required to confirm inability to participate by telephone on medical grounds. Given the lack of sufficient evidence to justify an adjournment and the failure to meet the OSHC requirement, the Tribunal concluded that the criteria for the visa were not met.

The Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.