De Oliveira (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, made by Ms de Oliveira. The Department of Immigration and Border Protection refused the application because the applicant did not appear to satisfy the criterion in cl.457.223B, which requires an applicant to have adequate health insurance for the period of their intended stay in Australia. The applicant's representative had failed to provide evidence of this insurance to the Department, despite being given an opportunity to do so. The Administrative Appeals Tribunal (AAT) considered the appeal.

The primary legal issue before the Tribunal was whether Ms de Oliveira met the criterion in cl.457.223B of Schedule 2 to the Migration Regulations 1994. This required the Tribunal to be satisfied that the applicant had adequate health insurance arrangements in place for the duration of her intended stay in Australia at the time of the decision. The Tribunal also had to consider the evidence provided by the applicant to the AAT, which had not been before the Department.

The Tribunal found that while the applicant's representative had failed to provide the necessary evidence to the Department, the applicant had subsequently provided sufficient evidence to the AAT. This evidence included a Bupa Membership Document dated 19 January 2017, indicating the policy would continue subject to premium payments, and a Bupa payment statement dated 13 September 2017, demonstrating continuous coverage and timely monthly payments between 19 January 2017 and 19 September 2017. The Tribunal accepted this as proof of adequate health insurance arrangements.

Consequently, the Tribunal remitted the application for the Temporary Business Entry (Class UC) visa to the Minister for reconsideration, with a direction that the applicant met the criterion in cl.457.223B. The Minister was to consider the remaining criteria for the subclass 457 visa.