• Alex Halim

Myth Busted - 485 visa "piece of cake"

Temporary Graduate 485 visa is a temporary visa that is available for international students whom recently completed their trade, vocational or higher education study in Australia.

Certain visa applicants claim that this visa can be applied without appointing an Australian registered migration law professional, because it is such a “piece of cake” visa to apply for and there is free information on how to apply for this visa available in the Internet.

We recently read a Federal Circuit Court decision, Lumbini & Ors v Minister for Immigration & Anor (2018) FCCA 1142 (22 May 2018). The court has decided that the refusal decision of a Temporary Graduate 485 visa was in accordance to the law.

The refused application was lodged on 15 March 2016. The applicant of the visa application was the primary applicant, her husband and their daughter.

The visa was refused by the Department because the applicant failed to meet the subdivision 485.251(1) of Schedule 2 of the Migration Regulations 1994:

(1) When the application was made, it was accompanied by evidence that the applicant had adequate arrangements in Australia for health insurance.

An appeal application was lodged to the Administrative of Appeal Tribunal, but the Tribunal affirmed the refusal decision and Judicial Review application was lodged to the Federal Circuit Court.

According to the court decision document, at time of the visa application the applicant had an Overseas Student Health Cover (OSHC) and an Overseas Visitor Cover (OVC) insurance from Bupa which become active as of 15 March 2016. However, due to administrative error, the letter from BUPA did not bear the correct name of the applicant and it was not provided to the Department at time of the application.

Unfortunately, subdivision 485.251(1) is not flexible, regardless whether you have adequate health policy, the applicant will not satisfy this subdivision clause if the application was not accompanied with evidence of adequate health policy when the application was made on 15 March 2016.

Australian Migration Law is complex, and it should not be taken lightly. Thus, we highly recommend prospective 485 visa applicants to consult with a respectable Australian registered migration law specialist prior making decision that will determine your future in Australia.

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