Fannita (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Fannita concerning a Subclass 500 (Student) visa. The dispute centred on whether Fannita met the health requirements for the visa.

The primary legal issue before the Tribunal was to determine if Fannita satisfied Public Interest Criterion 4005, as stipulated in clause 500.217 of Schedule 2 to the Migration Regulations 1994. This criterion relates to the health of visa applicants.

The Tribunal found that Fannita had undertaken the required medical tests and that her health assessment had been finalised and cleared. Based on the material before it, and without requiring a hearing pursuant to section 360(2)(a) of the Migration Act 1958, the Tribunal concluded that Fannita met the relevant health criteria. Consequently, the Tribunal remitted the application for reconsideration with a direction that Fannita meets Public Interest Criterion 4005.