Gurung (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant, Mr. Gurung, sought review of a decision concerning his eligibility for this visa.

The primary legal issue before the Tribunal was whether Mr. Gurung met the health criteria for the Subclass 500 visa, specifically as stipulated by cl 500.217 of Schedule 2 to the Regulations. The Tribunal was required to determine if the evidence before it was sufficient to satisfy these criteria.

The Tribunal found that a hearing was not necessary, as it could determine the matter in favour of the applicant based on the existing material, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the relevant health criteria.