BIANCHI (Migration)

This matter concerned an application for Student (Temporary) (Class TU) visas, subclass 500 (Student), which were refused by the delegate. The applicant sought review of this decision before the Tribunal.

The central legal issue before the Tribunal was whether the applicant had satisfied the criteria for the grant of a Subclass 500 visa, specifically the requirement under clause 500.215 of Schedule 2 to the Migration Regulations 1994 concerning adequate evidence of health insurance.

The Tribunal noted that no further evidence had been provided to it beyond what was before the original decision-maker. Consequently, the Tribunal was not satisfied that the applicant met the health insurance requirement. As this criterion was essential for the visa grant, and no alternative visa pathway was claimed, the Tribunal found that the criteria for the Subclass 500 visa were not met.

The Tribunal affirmed the delegate's decision not to grant the applicants the Student (Temporary) (Class TU) visas.