Pramana (Migration)

This matter concerned a review applicant seeking a Student (Temporary) (Class TU) visa, subclass 500. The Administrative Appeals Tribunal, constituted by Lilly Mojsin, considered whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 500 (Student) visa, specifically clause 500.215 of Schedule 2 to the Regulations, which pertains to health cover. The Tribunal also had to determine the appropriate course of action given the evidence presented.

The Tribunal noted that it had not invited the applicant to a hearing, as it had decided to make a favourable decision based on the available evidence, pursuant to section 360(2) of the relevant legislation. The applicant had not initially provided evidence of health cover to the Department, but subsequently provided a letter from BUPA to the Tribunal, certifying that health insurance contributions were paid from 28 March 2018 to 15 March 2020. Based on this evidence, the Tribunal was satisfied that the applicant met clause 500.215.

Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa to the Minister for reconsideration, with the direction that the applicant meets the criteria specified in clause 500.215 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.