Chu (Migration)

The Administrative Appeals Tribunal considered an application by Ms. Chu for a Subclass 500 (Student) visa. The primary issue before the Tribunal was whether Ms. Chu had satisfied the criterion requiring evidence of adequate health insurance arrangements in Australia for the duration of her intended stay. The Department had previously refused her application on the basis that she had not provided sufficient evidence of such insurance by the requested deadline.

The Tribunal was required to determine if Ms. Chu met the criterion set out in clause 500.215 of Schedule 2 to the Regulations, which mandates the provision of evidence of adequate health insurance arrangements in Australia for the period of intended stay. This criterion was central to the Department's refusal of the visa application.

The Tribunal reasoned that while the applicant had initially provided evidence of health insurance only until March 2021, subsequent evidence submitted to the Tribunal demonstrated that she held Overseas Student Health Cover (OSHC) extending to December 2022. This later evidence satisfied the requirement of clause 500.215. Consequently, the Tribunal found that Ms. Chu met this specific criterion.

As a result of this finding, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa back to the Minister for reconsideration, with a direction that Ms. Chu had satisfied the health insurance criterion. The Minister was to then consider the remaining criteria for the grant of the visa.