Hussain (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), before the Migration Review Tribunal. The applicant sought review of a decision relating to their eligibility for the visa.

The central legal issue before the Tribunal was whether the applicant satisfied the requirements of cl.500.215 of Schedule 2 to the Regulations, which pertains to health insurance for student visa applicants. The Tribunal also had to consider the applicant's Overseas Student Confirmation-of-Enrolment and evidence of health cover.

The Tribunal reasoned that the applicant had provided an Overseas Student Confirmation-of-Enrolment indicating completion of their Bachelor of Science degree on 30 November 2020, and a Certificate of Insurance of Overseas Student Health Cover from Allianz for the period 1 April 2020 to 31 March 2021. Based on this evidence, the Tribunal was satisfied that the applicant had adequate health insurance arrangements for their intended stay in Australia, thereby meeting the criteria under cl.500.215.

Consequently, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa to the Minister for reconsideration, with a direction that the applicant meets the health insurance criteria specified in cl.500.215 of Schedule 2 to the Regulations.