ARORA (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by Mr. Arora. The dispute centred on whether the applicant had satisfied the health requirement for the visa, specifically Public Interest Criterion (PIC) 4005, which mandates a medical assessment.

The Tribunal was required to determine if the applicant had met the health requirement under cl.500.217(4) of Schedule 2 to the Regulations. This involved assessing whether the applicant had provided sufficient evidence of undertaking the required medical assessment, despite initial non-compliance with requests from the Department.

The Tribunal found that while the applicant initially failed to provide evidence of a medical assessment when requested by the Department, he subsequently provided a receipt for medical examinations and an x-ray to the Tribunal. Furthermore, the Department confirmed via email that the applicant’s health requirement was cleared on 7 February 2020. Consequently, the Tribunal was satisfied that the applicant met cl.500.217(4). The Tribunal remitted the application for the Subclass 500 (Student) visa to the Minister for reconsideration, with a direction that the applicant had met the health criteria.