Duong (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Student (Temporary) (Class TU) visa, Subclass 500. The applicant sought review of a decision made by the Department.

The primary legal issue before the Tribunal was whether the applicant met the health cover requirements for the visa, specifically clause 500.215 of Schedule 2 to the Regulations, based on evidence not available to the original decision-maker.

The Tribunal, constituted by Tim Connellan, found that the applicant had provided evidence of enrolment in a Bachelor Degree course and an Overseas Student Health Policy (OSHC) valid from 21 February 2017 to 30 June 2020. Based on this evidence, which was not before the delegate, the Tribunal was satisfied that the applicant met clause 500.215. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, directing that the applicant met this specific criterion.