Qin (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), made by the applicant, Qin. The dispute arose because the applicant failed to provide evidence of adequate health insurance arrangements in Australia at the time of lodging her visa application. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had met the health insurance requirements for the visa.

The Tribunal was tasked with considering two key issues: first, whether the visa application was accompanied by evidence of adequate health insurance arrangements in Australia when it was made; and second, if such arrangements were in place, whether they had been maintained since that time. The applicant had declared on her visa application that she did not hold health insurance, answering "No" to the relevant question, although she later claimed this was a mistake and that she had Overseas Student Health Cover at the time. However, no evidence of this cover was provided with the initial application.

The Tribunal found that the applicant had answered "No" to the health insurance question on her application. The instructions accompanying the application stated that evidence of adequate health insurance must be provided, and that to meet the visa requirements, adequate health insurance must be held. The applicant subsequently provided a letter from Medibank confirming a policy commencing on 12 February 2019, which was after the application was lodged. As the applicant did not provide evidence of adequate health insurance at the time of application, and the Tribunal found no discretion to waive this requirement, the applicant did not satisfy the criteria for the grant of the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa, Subclass 485.