Fernando (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision that had not been made by the Tribunal, but rather the Tribunal was considering evidence provided to it. The core of the dispute concerned whether the applicant had met the requirement to provide evidence of health insurance.

The primary legal issue before the Tribunal was whether the applicant had satisfied the health insurance criterion for the Subclass 500 visa, specifically clause 500.215 of Schedule 2 to the *Migration Regulations 1994* (Cth). This involved determining if the evidence of Overseas Student Health Cover provided to the Tribunal was sufficient to demonstrate compliance with the visa requirements.

The Tribunal found that evidence of Overseas Student Health Cover, covering the applicant for the periods 7 March 2018 to 6 August 2018 and 7 August 2018 to 6 January 2019, was received on 18 February 2018. In light of this newly submitted evidence, the Tribunal was satisfied that the health insurance criterion had been met. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the relevant criteria.