Ong (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The applicant contended that they had maintained appropriate health insurance arrangements as required by the relevant migration regulations.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 485.215 of the Migration Regulations. This clause mandates that an applicant must provide evidence of having adequate health insurance arrangements in Australia at the time of application and continuously since that time.

The Tribunal considered evidence that the applicant's previous health insurance as a student concluded on 15 March 2019. While the applicant later obtained cover with Allianz from 18 April 2019, the Tribunal found, based on the provided documentation, that there was a period between 26 March 2019 and 18 April 2019 during which the applicant did not have health insurance. Consequently, the Tribunal concluded that the applicant had failed to meet the criterion stipulated in clause 485.215, both in terms of having adequate arrangements at the time of application and maintaining them thereafter.

As the applicant did not satisfy this essential criterion for the Subclass 485 visa, and this was the only relevant visa subclass in question, the Tribunal affirmed the original decision not to grant the visa.