Farooq (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa by Mr Farooq. The dispute concerned whether Mr Farooq met the health criterion for the visa, specifically clause 500.217 of Schedule 2 to the *Migration Regulations 1994* (Cth).

The primary legal issue before the Tribunal was whether the evidence before it established that Mr Farooq met the health criterion. This involved assessing the impact of new evidence submitted by Mr Farooq on the Tribunal's previous assessment of his health.

The Tribunal found that the new evidence received was sufficient to satisfy the health criterion. Consequently, the Tribunal concluded that the matter should be remitted to the delegate for reconsideration, with a direction that Mr Farooq meets the criterion specified in cl.500.217 of Schedule 2 to the Regulations.