Chi (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), brought by the applicant against a decision made by a delegate of the Minister. The central dispute revolved around whether the applicant had provided sufficient evidence of adequate overseas student health cover as required by clause 500.215 of Schedule 2 to the relevant regulations. The decision was made by Kira Raif, Senior Member, of the Tribunal.

The legal issue before the Tribunal was whether the applicant had satisfied the requirement under cl. 500.215 to provide evidence of adequate arrangements for health insurance during the period of her intended stay in Australia. The delegate had requested further evidence of health insurance until July 2019, which the applicant had not provided to the delegate. However, the applicant subsequently provided evidence to the Tribunal of health insurance cover with Allianz valid until September 2019.

The Tribunal reasoned that while the delegate had not been provided with evidence of adequate cover until July 2019, the applicant had subsequently provided satisfactory evidence to the Tribunal of health insurance cover valid until September 2019. Given that the applicant's course was due to end in June 2019, the Tribunal was satisfied that the applicant had met the requirements of cl. 500.215. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, directing that the applicant met the health insurance criteria.