Khanal (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by an applicant who had provided evidence of adequate health insurance. The Tribunal, constituted by Wendy Banfield, was tasked with determining whether the applicant met the health insurance requirements for the visa.

The central legal issue before the Tribunal was whether the applicant had satisfied the criterion relating to adequate health insurance, specifically clause 500.215 of Schedule 2 to the *Migration Regulations 1994* (Cth). This required the Tribunal to assess the validity and currency of the health cover provided by the applicant.

The Tribunal's reasoning focused on new evidence received on 23 February 2018, namely an Overseas Student Health Cover Verification Letter from BUPA. This letter confirmed that the applicant had obtained health cover for the period from 15 February 2018 to 15 March 2020. Being satisfied that this evidence met the relevant criterion, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria for a Subclass 500 visa, specifically clause 500.215 of Schedule 2 to the Regulations.