Bhangu (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by Mr Bhangu. The dispute arose when the visa delegate refused the application on the basis that Mr Bhangu had failed to provide proof of Overseas Student Health Cover (OSHC) as required by the Migration Regulations 1994. The decision of the delegate was subsequently reviewed by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Bhangu had satisfied the health insurance requirements for the Subclass 500 visa, specifically clause 500.215 of Schedule 2 to the Migration Regulations 1994. This clause mandates that applicants provide evidence of adequate health insurance arrangements with an approved provider for the duration of their intended stay in Australia.

The Tribunal found that the applicant had indeed provided proof of OSHC. Evidence presented included a receipt from Australian Health Management dated 27 February 2018 for OSHC coverage, and further information provided by the applicant to the Tribunal on 28 May 2018. Based on this evidence, the Tribunal was satisfied that clause 500.215 had been met. Consequently, the Tribunal concluded that all criteria for the grant of the visa were satisfied.

The Tribunal remitted the decision under review to the delegate for reconsideration, with a direction that Mr Bhangu met the criteria for a Subclass 500 (Student) visa, specifically clause 500.215 of Schedule 2 to the Regulations.