ZHOU (Migration)

This matter concerned an appeal by an applicant for a Subclass 500 (Student) visa. The primary dispute revolved around the applicant's failure to provide adequate evidence of Overseas Student Health Cover (OSHC) at the time the Department made its initial decision. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had satisfied the OSHC requirement for the visa.

The Tribunal considered the criteria for a Subclass 500 visa, specifically clause 500.215 of Schedule 2 to the Migration Regulations 1994, which mandates proof of OSHC. The applicant had initially provided OSHC coverage only until 24 May 2018, which was insufficient given the course end date of 30 June 2018. Despite attempts by the Department to contact the applicant for further documentation, no response was received before the decision was made.

However, subsequent to the Department's decision, a verification letter from Bupa, an authorised health insurance provider, was submitted to the Tribunal. This letter confirmed that the applicant's OSHC had been extended until 30 August 2018, thereby satisfying the requirements of clause 500.215. The Tribunal found that the applicant met this criterion. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant had satisfied the OSHC requirement.