PAWAR (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by an applicant whose visa application had been refused. The core of the dispute revolved around whether the applicant had provided sufficient evidence of health insurance meeting the requirements for the visa.

The Tribunal was required to determine if the applicant had satisfied the health insurance criterion for a Subclass 457 visa, specifically in light of new evidence presented after the initial decision. This involved assessing whether the provided insurance policy met the minimum requirements stipulated by the Department for this visa subclass.

The Tribunal found that a cover letter from Bupa, certifying that the applicant was covered by 'Essential Visitors Cover' from 11 October 2018, constituted sufficient evidence. The Tribunal noted that the Bupa website indicated this level of cover met the Department's minimum requirements for a Subclass 457 visa. Consequently, the Tribunal was satisfied that the criterion was met and remitted the application for reconsideration, directing that the applicant met the health insurance criterion as set out in cl.457.223B of Schedule 2 to the Regulations.