Benmansour (Migration)

The Administrative Appeals Tribunal considered the case of an applicant for a Student (Temporary) (Class TU) visa, Subclass 500. The dispute concerned whether the applicant had provided sufficient evidence of adequate health insurance to the Department, a requirement for the visa.

The primary legal issue before the Tribunal was whether the applicant met the health insurance criterion for the Subclass 500 visa, particularly in light of evidence provided after the initial application.

The Tribunal's reasoning focused on the documentary evidence presented. A Policy Certificate of Overseas Student Cover, received on 22 May 2018, confirmed that the applicant held adequate health insurance for the relevant periods and had maintained continuous cover since 21 November 2014. Based on this evidence, the Tribunal was satisfied that the criterion was met.

Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa for reconsideration, with a direction that the applicant meets the health insurance criterion as stipulated in cl.500.215 of Schedule 2 to the Regulations.