Dorjzodov (Migration)

This matter concerned an application for review of a decision concerning a Student (Temporary) (Class TU) visa, Subclass 500. The applicant sought to have the decision remitted for reconsideration. The Tribunal was constituted by Member David Barker.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence of an adequate health insurance arrangement, as required by criterion cl.500.215 of Schedule 2 to the Regulations. This criterion is a mandatory requirement for the grant of a Subclass 500 visa.

The Tribunal considered evidence, including a Confirmation of Overseas Student Health Cover from Medibank, which was not available to the original decision-maker. This evidence demonstrated that the applicant had valid health insurance for the duration of his intended course of study and beyond. Based on this new evidence, the Tribunal was satisfied that the applicant met the health insurance requirement.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be found to meet criterion cl.500.215 of Schedule 2 to the Regulations.