Peters (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The applicant had indicated "no" to holding health insurance when lodging the visa application. The delegate refused the visa, and the applicant subsequently sought review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met criterion 485.215 of Schedule 2 to the Regulations, which requires that an application be accompanied by evidence of adequate health insurance arrangements in Australia at the time of application, and that such arrangements have been maintained since that time. The Tribunal had to determine the meaning of "accompanied by" in this context and whether the applicant's actions constituted a mistake that prevented him from satisfying this criterion.

The Tribunal accepted the applicant's evidence that he had mistakenly answered "no" to the health insurance question on the online form and had been unable to find a field to upload supporting documentation at the time of lodgement. Evidence indicated the applicant contacted the Department two days after lodging the application to attempt to provide proof of health insurance. The Tribunal noted that the applicant had provided evidence of OSHC cover valid from 27 May 2017 to 26 July 2018, which covered the period of the application. Given these findings, the Tribunal concluded that the applicant had made a mistake and had adequate health insurance arrangements at the time of application.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met criterion 485.215.