Sharma (Migration)

The Administrative Appeals Tribunal considered the application of Pratik Sharma concerning his eligibility for a Subclass 500 (Student) visa. The dispute centred on whether Mr Sharma had met the requirement for Overseas Student Health Cover (OSHC) for the relevant period.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the criterion relating to OSHC, as stipulated in clause 500.314 of Schedule 2 to the Migration Regulations 1994. This involved assessing the validity and scope of the health cover provided to Mr Sharma.

The Tribunal was satisfied that the criterion was met based on a Policy Certificate issued by Australian Health Management, which confirmed overseas student cover for Mr Sharma from 8 January 2017 to 15 March 2019. In light of this new evidence, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified visa criteria.