Karbalai (Migration)

The Administrative Appeals Tribunal considered an application by Mr Karbalai and his spouse concerning a Subclass 500 (Student) visa. The dispute centred on whether the applicants had satisfied the health insurance requirements for the visa.

The primary legal issue before the Tribunal was whether the applicants had provided sufficient details regarding their Overseas Student Health Cover to meet the criteria stipulated in Schedule 2 of the *Migration Regulations 1994*. Specifically, the Tribunal had to determine if the information provided satisfied clause 500.215 and clause 500.311 of Schedule 2.

The Tribunal determined that it was able to find in favour of the applicants based on the material before it, without the need for a hearing, pursuant to section 360(2)(a) of the *Migration Act 1958*. Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant meets the specified criteria for the visa.