Marwaha (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Marwaha concerning a Subclass 500 (Student) visa. The dispute centred on whether Mr Marwaha had provided sufficient evidence of health insurance in Australia, specifically Overseas Student Health Cover (OSHC), as required for the visa.

The primary legal issue before the Tribunal was to determine if Mr Marwaha met the criteria for a Subclass 500 visa, particularly clause 500.215 of Schedule 2 to the *Migration Regulations 1994* (Cth), which pertains to health insurance. The Tribunal was required to assess the adequacy of the insurance details provided by Mr Marwaha.

The Tribunal found that it was able to determine the matter in favour of the applicant without a hearing, pursuant to section 360(2)(a) of the *Migration Act 1958* (Cth). This was based on the material before it, which included updated insurance details. Consequently, the Tribunal remitted the application for reconsideration with a direction that Mr Marwaha meets the specified health insurance criteria.