Binti Muhamad (Migration)

The Administrative Appeals Tribunal (AAT) considered an application concerning a Subclass 500 (Student) visa for Nur Athirah Binti Muhamad. The dispute centred on whether the applicant had met the health cover requirements for the visa.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the criterion relating to health cover, specifically cl. 500.215 of Schedule 2 to the Regulations. This involved assessing the validity and sufficiency of the health cover provided.

The Tribunal's reasoning was based on new evidence presented to it, namely a Confirmation of Health Cover issued by nib health funds limited (nib OSHC). This confirmation demonstrated that the applicant had adequate health cover for the period of 25 September 2017 to 15 July 2020. Being satisfied that this criterion was met, the Tribunal remitted the application for reconsideration. The Tribunal ordered that the application be remitted for reconsideration with the direction that the applicant meets the specified health cover criteria for a Subclass 500 visa.