CHEN (Migration)

This matter concerned an appeal by an applicant for a Student (Temporary) (Class TU) visa, subclass 500, to the Administrative Appeals Tribunal. The applicant sought review of the Department's decision to refuse to grant the visa. The primary issue before the Tribunal was whether the applicant had satisfied the criterion requiring adequate arrangements for health insurance during their intended period of stay in Australia.

The Tribunal was required to determine if the applicant met the criterion in clause 500.215 of Schedule 2 to the Regulations, which mandates evidence of adequate health insurance for the entire duration of the intended stay in Australia at the time of the decision. The applicant's initial visa application was refused because the provided health insurance cover did not extend for the full period of their intended stay, and subsequent requests for further evidence were not met by the Department.

The Tribunal found that the applicant had provided a new Confirmation of Enrolment and evidence of renewed Overseas Student Health Cover from BUPA, which confirmed continuous cover from February 2015 to March 2019. This evidence, particularly the renewed health cover commencing from May 2018, satisfied the requirement for adequate health insurance for the intended period of stay. Consequently, the Tribunal concluded that the applicant met the criterion under clause 500.215.

The Tribunal remitted the application for the Student (Temporary) (Class TU) visa to the Minister for reconsideration, with a direction that the applicant satisfied the health insurance criterion. The Minister was to consider the remaining criteria for the visa grant.