LOO (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, brought before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa, with the central dispute revolving around whether the applicant had provided sufficient evidence of adequate health insurance arrangements at the time of application and continuously thereafter.

The Tribunal was required to determine whether the applicant met the requirements of clause 485.215 of the Migration Regulations. Specifically, the Tribunal had to ascertain if the visa application was accompanied by evidence of adequate health insurance arrangements in Australia when it was made, and if such arrangements had been maintained by the applicant since that time.

The Tribunal found that the visa application form itself indicated "no" in response to a question about holding health insurance. While the applicant later provided a copy of a health insurance policy issued on 1 June 2018, which commenced on 31 May 2018, this was after the application was lodged on 25 May 2018. The applicant explained that he had misunderstood the question, believing it referred to health checks, and had previously held a student health insurance policy. However, this prior policy with Medibank Private had expired on 20 March 2018, prior to the visa application being lodged. Consequently, the Tribunal concluded that the applicant had not satisfied the criteria under clause 485.215.

The Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa, Subclass 485, as the applicant failed to meet the mandatory health insurance requirements.