SINGH (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant had provided evidence of Overseas Student Health Cover (OSHC) to the Administrative Appeals Tribunal (AAT) that had not been available to the original decision-maker. The AAT was satisfied that this new evidence demonstrated compliance with the OSHC requirement.

The primary legal issue before the AAT was whether the applicant met the criterion specified in clause 500.215 of Schedule 2 to the Migration Regulations 1994, which relates to the provision of adequate OSHC. The applicant had provided Certificates of Enrolment for an Advanced Diploma of Leadership and Management and a Bachelor of Business, and crucially, evidence of OSHC with Bupa Australia valid until October 2023.

The AAT reasoned that the evidence of OSHC provided to it, which was not before the delegate, satisfied the requirements of clause 500.215. Consequently, the AAT remitted the application for reconsideration with a direction that the applicant met this specific criterion.