Nikalje (Migration)

The Administrative Appeals Tribunal considered an application by Mr Nikalje concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The central dispute revolved around whether Mr Nikalje had provided sufficient evidence of health insurance that met the requirements for the visa.

The Tribunal was required to determine if the health insurance provided by the applicant satisfied the mandatory health insurance criterion for a Subclass 457 visa, specifically as stipulated by clause 457.223B of Schedule 2 to the Regulations.

The Tribunal's reasoning was based on new evidence presented in the form of a Membership Certificate from Bupa. This certificate confirmed that Mr Nikalje was covered by 'Essential Visitors Cover with Bronze Extras' from 13 November 2018. The Tribunal noted that the Bupa website indicated this level of cover met the Department's minimum insurance requirements for a Subclass 457 visa. Consequently, the Tribunal was satisfied that the criterion was met.

The Tribunal remitted the application for reconsideration, directing that Mr Nikalje meets the health insurance criterion for a Subclass 457 visa.