KUNWAR (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the refusal of a Skilled (Provisional) (Class VC) visa, Subclass 485. The applicants had lodged their visa application on 21 December 2017. The core of the dispute revolved around whether the applicants had met the health insurance requirements stipulated by clause 485.215 of the Migration Regulations.

The Administrative Appeals Tribunal was required to determine two key issues: first, whether the visa application, at the time it was made, was accompanied by evidence of adequate arrangements for health insurance in Australia; and second, whether the applicants had maintained such adequate arrangements for health insurance since the application was lodged. The applicants contended that their former migration agent's negligence led to the application being lodged with a "No" response to the health insurance question and a lack of accompanying evidence, despite them holding concurrent health insurance policies at the time. They also raised arguments concerning natural justice and the design of the Department's online application forms.

The Tribunal considered the evidence, including the Department's file which recorded a "No" to the health insurance question at the time of application. While the applicants later provided copies of health insurance policies dated prior to and around the time of their application, these were submitted approximately two months after the application was lodged and at the hearing before the Tribunal. The Tribunal found that clause 485.215(1) required evidence of adequate health insurance arrangements to accompany the application when it was made. As this evidence was not provided at the time of lodgement, the Tribunal concluded that the applicants did not satisfy this criterion.

Consequently, the Tribunal affirmed the decision not to grant the Skilled (Provisional) (Class VC) visa, Subclass 485, as the applicants failed to meet the mandatory health insurance requirements at the time of application.