Chan (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), brought before the Tribunal by the applicant, Chan. The central dispute revolved around Public Interest Criterion 4005, which relates to health requirements for visa applicants.

The Tribunal was required to determine whether the applicant met Public Interest Criterion 4005(1)(c) for the purposes of clause 572.224 of Schedule 2 to the Regulations. This criterion was in question due to a lack of evidence that a health check had been completed prior to the delegate's decision.

The Tribunal found that while there was no evidence of a completed health check at the time of the delegate's decision, a complete health check had since been undertaken. Applying this finding, the Tribunal determined that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to meet Public Interest Criterion 4005(1)(c).