Heidkamp (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought to undertake a course of study in Australia concluding on 31 December 2020. The applicant's initial application was refused by the Department because she had only provided evidence of health insurance cover until 1 December 2018, which did not extend for the full duration of her intended stay. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion in clause 500.215 of Schedule 2 to the Regulations, which requires an applicant to provide evidence of adequate arrangements for health insurance in Australia for the period of their intended stay. The Tribunal was required to consider the evidence of health insurance provided by the applicant, both at the time of the initial application and on review.

The Tribunal found that the applicant had, on review, provided evidence of overseas student health insurance cover commencing on 1 November 2018 and expiring on 31 March 2021. As this period of cover extended beyond the applicant's intended period of study in Australia, the Tribunal was satisfied that the applicant now met the health insurance requirement under clause 500.215. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant had met this specific criterion.