Gill (Migration)

This matter concerns a review by the Administrative Appeals Tribunal of a decision by the delegate of the Minister to refuse Mr Gill a temporary graduate subclass 485 workstream visa. Mr Gill applied for the visa on 2 August 2019, and the relevant criteria are set out in Part 485 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether Mr Gill satisfied clause 485.215 of the Regulations, which mandates that an applicant for a subclass 485 workstream visa must have had adequate arrangements for health insurance in Australia at the time the application was made and continuously thereafter. The Tribunal was required to determine if the evidence presented, particularly Mr Gill's own statements and the timing of his health insurance policy, met this mandatory requirement.

The Tribunal reasoned that Mr Gill's application explicitly stated he did not hold health insurance when lodged, and no evidence of such insurance accompanied the application. Furthermore, Mr Gill admitted he had not had the required health insurance since the application was made. While a health insurance policy was arranged shortly before the Tribunal hearing, this did not satisfy the retrospective requirement of clause 485.215. The Tribunal found that the applicant's explanation, attributing the lack of insurance to his agent, did not absolve him of his responsibility to ensure the accuracy of the information provided in his visa application.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa, as Mr Gill had failed to meet the mandatory health insurance criterion.