LOO (Migration)

[2018] AATA 5084

LOO (Migration) [2018] AATA 5084 (6 December 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr JIT SHIEN LOO

CASE NUMBER:  1816591

HOME AFFAIRS REFERENCE(S):           BCC2018/2265069

MEMBER:Karen McNamara

DATE:6 December 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.

Statement made on 06 December 2018 at 9:42am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 – no evidence of adequate health insurance arrangements – no health insurance  policy at time of application – application not accompanied by evidence of health insurance – decision under review affirmed

LEGISLATION
Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cl 485.215

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 29 May 2018 to refuse to grant Mr Jit Shien Loo (the applicant) a Skilled (Provisional) (Class VC) visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant applied for the visa on 25 May 2018. Visa Class VC contains Subclass 485. (For visa applications made before 1 July 2013, there is also a Subclass 487, however that subclass is not relevant to the present matter.) The criteria for the grant of a Subclass 485 visa are set out in Part 485 of Schedule 2 to the Migration Regulations 1994 (the Regulations). The primary criteria must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need satisfy only the secondary criteria.

3. The delegate refused to grant the visa because the applicant did not satisfy cl.485.215 of Schedule 2 to the Regulations because the delegate was not satisfied that the applicant had adequate arrangements in Australia for health insurance at the time the application was made and since the application was made.

4. The Tribunal received an application for review on 6 June 2018. It was accompanied by a copy of the delegate’s decision and documentation relating to the applicant including a copy of a policy with IMAN Australian Health Plan issued to the applicant on 1 June 2018 commencing 31 May 2018.

5. The applicant appeared before the Tribunal on 14 November 2018 to give evidence and present arguments. The Tribunal also received oral evidence from Mr Chia Chuin Wong AKA Seth.  

6. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

   CONSIDERATION OF CLAIMS AND EVIDENCE

7. The issue in the present case is whether the applicant meets cl.485.215 which provides as follows:

   485.215

   (1) When the application was made, it was accompanied by evidence that the applicant had adequate arrangements in Australia for health insurance; and

   (2) The applicant has had adequate arrangements in Australia for health insurance since the time the application was made.

8. The visa application on the Department’s file indicates that in response to the question “Do you and all applicants included in this application hold health insurance? ” the word “no” is recorded.

   Health insurance requirements

Assessment of the Evidence

1. The Tribunal has had regard to all the evidence before it, including the Department’s file and the Tribunal’s file. It notes that the visa application was lodged with the Department on        25 May 2018 and it was accompanied by documents relating to the applicant but did not include evidence that the applicant had adequate arrangements in Australia for health insurance and that the applicant has had adequate arrangements in Australia for health insurance since the time the application was made.

2. On the basis of the Department’s file, the Tribunal accepts that at the time of application the applicant stated “no” to the question “Do you and all applicants included in this application hold health insurance?

3. On the 6 June 2018, the applicant provided to the Tribunal a copy of his health insurance policy with IMAN Australian Health Plan. The Tribunal notes this policy was issued on 1 June 2018 and commenced on 31 May 2018.

4. At the hearing on the 14^th November 2018 the Tribunal informed the applicant of the requirements of cl.485.215. In particular it explained the requirements of cl.485.215(1), that when the visa application was made, it was accompanied by evidence that the applicant had adequate arrangements in Australia for health insurance. The Tribunal noted that it may not be satisfied that the applicant’s visa application was accompanied by this evidence.

5. The applicant told the Tribunal that he had completed his visa application himself and when asked why he declared “no” to the question regarding whether he held health insurance, he told the Tribunal that he was under the impression that health insurance was health checks.  The applicant said that he held a student health insurance policy with Medibank whilst he was studying in Australia. This was supported by the witness, Seth who told the Tribunal that the applicant had a student health insurance policy and that the applicant was under the impression that the Department would advise him if further information was required.

6. Following the hearing, the applicant provided to the Tribunal on 14 November 2018 a copy of his OSHC policy with Medibank Private. The document shows that the applicant held a policy with Medibank Private from 20 June 2015 to 20 March 2018.

7. The Tribunal has considered the information before it and acknowledges that the applicant held a valid OSHC policy with Medibank Private for the period 20 June 2015 to 20 March 2018. The applicant currently holds a policy with IMAN Australian Health Plan commencing 31 May 2018. However, the Tribunal must also be satisfied that his application, when made, was accompanied by evidence that he had adequate health insurance arrangements, as required by cl.485.215(1).

8. Clause 485.215 requires that when the visa application was made, it was accompanied by evidence that the applicant had adequate arrangements in Australia for health insurance.  The Tribunal has considered whether the applicant has met this requirement by providing the Tribunal this evidence on the 6 June 2018 and 14 November 2018 and that the applicant held a valid health insurance policy at the time of application.

9. Evidence before the Tribunal shows that the applicant did not hold a valid insurance policy at the time of his application to the Department on 25 May 2018. Evidence provided by the applicant shows that he held an OSHC policy with Medibank Private for the period 20 June 2015 to 20 March 2018 and currently holds a policy with IMAN Australian Health Plan commencing 31 May 2018.  There is no evidence before the Tribunal showing that the applicant held a valid policy between 21 March 2018 and 30 May 2018. The applicant lodged his visa application with the Department on 25 May 2018. 

10. For the reasons set out above, the Tribunal is not satisfied that when the visa application was made, it was accompanied by evidence that the applicant had adequate arrangements in Australia for health insurance.  The Tribunal finds that applicant does not satisfy cl.485.215(1) and therefore does not satisfy cl.485.215.

11. Based on the Tribunal’s findings it follows that the applicant does not satisfy the criteria for the grant of a Subclass 485 visa. As this is the only relevant subclass in this case, the decision under review will be affirmed.

    DECISION

12. The Tribunal affirms the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.

    Karen McNamara
    Member