Chen (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant, Ms Chen, sought review of a decision made by the Tribunal.

The primary legal issue before the Tribunal was whether Ms Chen met the health criteria for the visa, specifically Public Interest Criterion 4005 as stipulated in clause 500.217 of Schedule 2 to the Regulations.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the material before it, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that Ms Chen meets the relevant health criteria.