Bosimin (Migration)

The Administrative Appeals Tribunal considered an appeal by Mr. Bosimin concerning the refusal of his application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The core of the dispute centred on whether Mr. Bosimin had provided sufficient evidence of adequate health insurance arrangements at the time of his visa application and thereafter, as required by the Migration Regulations 1994.

The Tribunal was required to determine two key issues: first, whether the visa application was accompanied by evidence of adequate health insurance arrangements when it was lodged on 1 November 2019; and second, if such evidence was initially provided, whether adequate arrangements had been maintained since that time. The applicant had answered "No" to the health insurance question on the application form and confirmed this at the hearing, stating he was in the process of changing policies and forgot to provide details of his new cover.

The Tribunal found that the applicant did not satisfy the criteria for the grant of the visa, specifically clause 485.215 of Schedule 2 to the Migration Regulations 1994, which mandates the provision of evidence of adequate health insurance. Despite the applicant providing a letter from Bupa dated 21 January 2020, confirming a policy commenced on 1 November 2019, this evidence was not submitted with the initial application to the Department of Home Affairs. The Tribunal noted that the applicant's explanation for not providing the evidence, that he was changing policies and forgot, did not overcome the regulatory requirement that such evidence accompany the application.

Consequently, the Tribunal affirmed the decision not to grant Mr. Bosimin the Skilled (Provisional) (Class VC) visa, Subclass 485.