Chen (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision not to grant the visa.

The Tribunal was required to determine whether the applicant satisfied the primary criteria for a Subclass 500 visa, specifically clauses 500.215 and 500.217 of Schedule 2 to the Regulations. Clause 500.215 relates to health insurance, and clause 500.217 relates to health examinations required under public interest criterion 4005.

The Tribunal found that there was no evidence before it that the applicant had arranged for health insurance or undergone the specified health examinations. Consequently, the Tribunal was not satisfied that the applicant met clause 500.215 or public interest criterion 4005, and therefore did not satisfy clause 500.217. As the applicant did not claim to meet the criteria for a Subclass 590 (Student Guardian) visa, the Tribunal affirmed the decision not to grant the Subclass 500 visa.