Kaur (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a decision to refuse a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought to review the delegate's decision to refuse their visa application.

The central legal issue before the Tribunal was whether the applicant had provided sufficient evidence of adequate health insurance for the entirety of their intended stay in Australia, as required by clause 500.215 of Schedule 2 to the Migration Regulations. The applicant's initial insurance cover did not extend to the full duration of their proposed study.

The Tribunal found that the applicant had subsequently provided evidence of health insurance from NIB Health Funds Ltd, covering the period from 16 March 2018 to 15 March 2019. Although the applicant's enrolment in one of the courses was later cancelled, the Tribunal was satisfied that the applicant met the health insurance criterion. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant had satisfied the health insurance requirement.