Amir (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by Amir. The dispute concerned whether Amir met Public Interest Criterion 4005, which requires a satisfactory medical examination.

The Tribunal was required to determine whether the applicant met Public Interest Criterion 4005(1)(c) for the purposes of clause 500.217 of Schedule 2 to the Migration Regulations 1994. This involved assessing the significance of a medical assessment undertaken after the initial delegate's decision.

The Tribunal found that the applicant met the criterion. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant satisfies Public Interest Criterion 4005(1)(c).