Jang (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Subclass 500 (Student) visa. The applicant had declared at the time of lodgement that he did not hold overseas student health cover (OSHC) or any other health insurance, and no evidence of such cover had been provided to the delegate by the date of the delegate's decision.

The Administrative Appeals Tribunal was required to determine whether the applicant met the criterion in clause 500.215 of Schedule 2 to the Regulations, which mandates that an applicant must provide evidence of adequate health insurance arrangements for their intended stay in Australia at the time of the decision. The Tribunal had twice invited the applicant to provide this evidence, including a specific request for OSHC from an approved provider.

Despite these invitations and a prior request from the applicant's agent for an extension to provide the insurance documentation, no evidence of adequate health insurance arrangements was ever submitted to the Tribunal. Consequently, the Tribunal was not satisfied that the applicant met the health insurance criterion.

As the applicant failed to satisfy a primary criterion for the Subclass 500 (Student) visa, the Tribunal affirmed the decision not to grant the visa.