Gill (Migration)

[2020] AATA 5754

Gill (Migration) [2020] AATA 5754 (10 September 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Prabhdeepsingh Hervindersingh Gill

CASE NUMBER:  1927176

DIBP REFERENCE(S):  BCC2019/3840601

MEMBER:Tim Connellan

DATE AND TIME OF

ORAL DECISION AND REASONS:         10 September 2020 at 2:28 pm (VIC time)

DATE OF WRITTEN RECORD:                7 December 2020

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision under review.

Statement made on 07 December 2020 at 11:55am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – Graduate Work stream – health insurance – accompanied by evidence of adequate arrangements for health insurance – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 485.215

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 5 September 2019 to refuse to grant the visa applicant a Skilled (Provisional) (Class VC) Subclass 485 visa under the Migration Act 1958 (the Act).

2. At the hearing on 10 September 2020, the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

3. Mr Gill, this is a review of a decision made by the delegate of the Minister to refuse you the grant of a temporary graduate subclass 485 workstream visa under section 65 of the Migration Act 1958. You applied for the visa on 2 August 2019 and the criteria for the granting of a subclass 485 visa are set out in part 485 of schedule 2 to the Migration Regulations 1994, referred to as the "Regulations," which include the criteria in different streams. In your case you lodged an application for a visa in the graduate work stream.

4. Clause 485.215 is a mandatory requirement for the granting of a subclass 485 work stream visa and as it stated in your primary decision, a copy of which you provided to the Tribunal with your review application, that when the application was made it was accompanied by evidence that the applicant had adequate arrangements in Australia for health insurance.  And part 2 says, "the applicant has had adequate arrangements in Australia for health insurance since the time the application was made." 

5. I read from your primary decision and it says, "The applicant lodged the graduate workstream visa application online on 2 August 2019."  A case officer undertook an initial assessment of the application on 5 September 2019 and it states that in response to the question, "Do you and all applicants included in this application hold health insurance," you provided the answer, "No." 

6. No evidence of health insurance was provided to the Department, however a submission by the Tribunal yesterday shows that you arranged a policy with Allianz the day before yesterday, on Tuesday, 8 September 2020.  A health insurance policy had commenced on that date.  That policy does not satisfy the requirement of 485.215.

7. When I asked what explanation you have, you provided me with a story stating that your agent didn't submit the medical.  You said “I paid for it.  He refunded me a small amount but he didn't lodge the application."  When I asked you whether you completed the application, initially you said, "yes," and then when I asked you why you would answer, "No" to the question whether you held health insurance you said, "oh, it may have been the agent that filled it in."  You then went on to say, “It all goes down to the agent, it's all his fault, he filled in the form.  I didn't know what he'd filled in but I didn’t have any health insurance."

8. As I said to you, it is the responsibility of the person signing the application to ensure that all the answers provided are true and correct. Your application stated you did not have health insurance and there was no evidence of a current policy accompanying your application and you have not provided evidence you had health insurance since the time the application was made, and in fact you've stated you have not had the required health insurance. 

9. So as your application was not accompanied by evidence that you had adequate arrangements for health insurance, you do not satisfy 485.215, and as you do not satisfy 485.215 you are not eligible for the grant of a visa for which you applied, being a temporary graduate subclass 485 visa  in the graduate work stream.  It is therefore the decision of this Tribunal to affirm the decision under review.  And this decision was made at 2.28 pm on this, 10 September 2020. 

   DECISION

10. The Tribunal affirms the decision under review.

    Tim Connellan
    Member