Bethala (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Subclass 500 (Student) visa. The applicant, Mrs Bethala, sought review of a decision that had not been detailed in the provided text. The Tribunal's decision was made by Member Tim Connellan.

The primary legal issue before the Tribunal was whether the applicant met the health insurance requirements for a Subclass 500 (Student) visa, specifically clauses 500.215 and 500.311 of Schedule 2 to the Regulations, based on evidence that had not been before the original decision-maker.

The Tribunal found that it had received evidence not available to the original delegate. This evidence included proof of enrolment in an Advanced Diploma of Business until 25 July 2019 and Overseas Student Health Cover (OSHC) with NIB until 15 March 2019 for both the primary and secondary applicants. Based on this new evidence, the Tribunal was satisfied that the primary applicant met clause 500.215 and the secondary applicant met clause 500.311.

Consequently, the Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, directing that the applicant met the specified health insurance criteria.