Gadahi (Migration)

This decision concerns an applicant seeking a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The dispute before the Tribunal was whether the applicant had provided sufficient evidence of adequate health insurance arrangements for the duration of their intended stay in Australia, as required by clause 500.215 of the Migration Regulations 1994. The Tribunal, constituted by Gabrielle Cullen, considered the matter without a hearing, finding it unnecessary given the material before it.

The primary legal issue was the interpretation and application of clause 500.215, which mandates evidence of adequate health insurance for the period of the applicant's intended stay. The applicant had provided evidence of Overseas Student Health Cover (OSHC) with Allianz Global Assistance for a previous period, and more recently, OSHC with BUPA for the period of 13 March 2022 to 13 January 2023. The Tribunal noted that this latter cover extended six weeks beyond the applicant's expected completion date for their Bachelor of Nursing course at Western Sydney University.

The Tribunal reasoned that the evidence of OSHC with BUPA, covering the period from 13 March 2022 to 13 January 2023, satisfied the requirement of clause 500.215. It found that this provided adequate arrangements for health insurance during the applicant's intended stay in Australia. Consequently, the Tribunal concluded that the applicant met this criterion for the Subclass 500 visa.

The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criterion specified in clause 500.215 of Schedule 2 to the Regulations.