Klaase (Migration)

This matter concerned an application for Student (Temporary) (Class TU) visas, specifically Subclass 500 (Student) visas, before the Tribunal. The dispute centred on whether the applicants had provided sufficient evidence of adequate health insurance arrangements in Australia as required by the relevant regulations.

The Tribunal was required to determine if the first named applicant had satisfied the primary criterion under cl.500.215 of Schedule 2 to the Regulations, which mandates evidence of adequate arrangements for health insurance during the applicant's intended stay in Australia. Additionally, the Tribunal needed to assess whether the second and third named applicants, as other members of the family unit, had met the secondary criterion under cl.500.314, which imposes a similar health insurance requirement.

The Tribunal found that the first named applicant had provided a current certificate of enrolment indicating a Bachelor of Education course concluding on 31 October 2018, with PRISMS records confirming this. Furthermore, documentation from Allianz confirmed that all applicants held overseas student health insurance cover from 1 February 2018 until 31 December 2018. Based on this evidence, the Tribunal concluded that the health insurance requirements of cl.500.215 and cl.500.314 were met.

Consequently, the Tribunal remitted the applications for the Student (Temporary) (Class TU) visas to the Minister for reconsideration, with the specific direction that the first named applicant had satisfied cl.500.215 and the second and third named applicants had satisfied cl.500.314 of Schedule 2 to the Regulations, allowing for the assessment of the remaining visa criteria.