Cheng (Migration)

This matter concerned an appeal by an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485, against a decision of the Administrative Appeals Tribunal. The primary dispute revolved around whether the applicant had provided adequate evidence of Overseas Student Health Cover at the time of lodging the visa application. 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 made, and second, whether the applicant had maintained such adequate arrangements since that time.

The applicant had initially responded "No" to a question about holding health insurance on the visa application form lodged on 1 March 2018. However, evidence of Overseas Student Health Cover was subsequently provided on 14 March 2018, and a notification of an incorrect answer was lodged on 10 April 2018. The applicant explained this discrepancy as an error made on the form, which was rectified as soon as it was realised. The Tribunal considered previous case law, which had found that gaps of several months between application and evidence provision were too long to satisfy the requirement that evidence "accompany" the application. In contrast, the Tribunal found the 13-day period in this case to be a sufficiently short interval, establishing a close temporal connection. Furthermore, the Tribunal was satisfied that the provided Overseas Student Health Insurance, valid until 9 April 2018, constituted adequate arrangements at the time of application, consistent with departmental policy. The Tribunal also found that the applicant had maintained adequate health insurance arrangements since the application date, evidenced by continuous cover.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant met the criteria under cl.485.215 of Schedule 2 to the Regulations concerning health insurance.