Singh (Migration)

This matter concerned an appeal before the Migration Tribunal regarding a Subclass 500 (Student) visa application made by Mr Harpal Singh and his dependant, Mrs Runa. The primary dispute revolved around the applicant's failure to provide evidence of Overseas Student Health Cover (OSHC) by the requested deadline, which was a criterion for the visa.

The legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 500 visa, specifically clause 500.215 of Schedule 2 to the Migration Regulations 1994, which mandates the provision of OSHC. Additionally, the Tribunal had to consider its jurisdiction concerning the second applicant, Mrs Runa, who was offshore at the time of the decision.

The Tribunal found that while the applicant initially failed to provide the required OSHC evidence by the due date of 22 June 2017, a "Policy Certificate" from Medibank was subsequently received and noted on the Tribunal file. This certificate confirmed OSHC coverage for both Mr and Mrs Singh, commencing on 28 August 2017 and valid until 15 March 2020, satisfying the requirements of clause 500.215. However, the Tribunal determined it had no jurisdiction regarding Mrs Runa, as she was offshore at the time of lodging the application and when the review application was made, pursuant to sections 338(2) and 347(3) of the Migration Act.

Consequently, the Tribunal remitted the applications for reconsideration by the Minister, directing that the first applicant, Mr Singh, meets the criteria under clause 500.215. The Tribunal explicitly stated it had no jurisdiction concerning the secondary applicant, Mrs Runa.