Saeed (Migration)

This matter concerned an application for review by the applicant, Saeed, of a decision regarding his application for a Student (Temporary) (Class TU) visa, Subclass 500. The dispute centred on whether the applicant had provided sufficient evidence of adequate health insurance as required by the relevant regulations. The decision was made by David Barker, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant met the criteria set out in clause 500.215 of Schedule 2 to the *Migration Regulations 1994* (Cth), specifically concerning the provision of adequate health insurance for the duration of his intended stay. This required the Tribunal to assess the evidence of health insurance presented by the applicant.

The Tribunal considered the applicant's Certificate of Enrolment for a Bachelor of Accounting course, due to conclude on 21 August 2020, and evidence of an Overseas Student Health Policy (OSHC) with NIB OSHC, valid until 21 October 2020. Crucially, the Tribunal noted that this evidence was not available to the original visa delegate. Based on this additional evidence, the Tribunal was satisfied that the applicant met the health insurance requirement under cl.500.215. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets this criterion.