Kaur (Migration)

The applicant, Ms Kaur, sought review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of her application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on whether Ms Kaur had provided the prescribed evidence of appropriate health cover at the time of her visa application.

The primary legal issue before the Tribunal was whether Ms Kaur had satisfied the criterion requiring her to be accompanied by prescribed evidence of appropriate health cover at the time of her application for the Subclass 485 visa. This criterion is a statutory requirement for the grant of such a visa.

The Tribunal found that Ms Kaur had not met this criterion. While acknowledging that human error may have contributed to the omission, the Tribunal held that the applicant was nonetheless required to satisfy the statutory requirements for the visa. As the prescribed evidence of health cover was not provided with the application, the applicant did not satisfy the criteria for the grant of the visa.

Consequently, the Tribunal affirmed the decision not to grant Ms Kaur a Skilled (Provisional) (Class VC) visa, Subclass 485.