Groeneveld (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by the applicant, Groeneveld. The applicant sought review of a decision not to grant the visa, which had been made by the Department of Home Affairs. The review was heard by a member of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had met the requirements of clause 485.215 of the Migration Regulations 1994, which mandates that an applicant for this visa must provide evidence of adequate health insurance arrangements in Australia at the time of application. The Tribunal also considered whether such arrangements had been maintained since that time.

The Tribunal found that the applicant's visa application, lodged on 2 January 2020, was not accompanied by any evidence of health insurance. Furthermore, the applicant had explicitly answered "No" to the question on the application form regarding whether she and any accompanying applicants held health insurance. While the applicant later claimed this was a mistake and that she had Overseas Student Health Cover (OSHC) at the time, the Tribunal noted that the application instructions clearly stated that evidence of adequate health insurance must be attached. The Tribunal applied an objective temporal test, determining that the failure to provide the required evidence at the time of application meant the criterion was not met, and there was no discretion to overlook this deficiency.

Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 485 visa. The decision under review was therefore affirmed.