Gurung (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), brought by Mr Gurung. The central dispute revolved around whether Mr Gurung had provided sufficient evidence of maintaining health insurance in accordance with clause 485.215 of the relevant regulations at the time of his visa application. The decision was made by Warren Stooke AM of the Tribunal.

The legal issue before the Tribunal was to determine whether the applicant had satisfied the health insurance requirements stipulated by clause 485.215. This clause mandates that a visa application must be accompanied by evidence of adequate health insurance arrangements in Australia at the time of application, and that such arrangements must have been maintained continuously from the time of application until the present.

The Tribunal found that Mr Gurung had provided sufficient evidence to satisfy clause 485.215. This evidence included proof of a Bridging Visa A with a health insurance obligation, completion of a Bachelor of Nursing degree, current employment as a registered nurse, and documentary evidence of continuous health insurance coverage through Allianz and BUPA. Based on this evidence, the Tribunal was satisfied that Mr Gurung had maintained adequate health insurance both at the time of his application and thereafter. Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with a direction that Mr Gurung met the health insurance criteria for a Subclass 485 visa.