Kaur (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa made by the applicant, Ms Kaur, and a secondary applicant. The dispute concerned whether the applicants met the health requirement for the visa, as evidenced by a medical assessment.

The primary legal issue before the Tribunal was whether the applicants satisfied the health requirement stipulated by the relevant regulations for a Subclass 500 visa, particularly in light of new evidence presented during the review process.

The Tribunal's reasoning was based on the receipt of new evidence from the Department on 28 August 2019, which indicated that both the primary and secondary applicants' health requirements had been finalised and were "recommended cleared". Satisfied that this new evidence demonstrated compliance with the criterion, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for reconsideration, directing that the first named applicant meets criterion cl.500.217 of Schedule 2 to the Regulations, and the secondary applicant meets criterion cl.500.311 of Schedule 2 to the Regulations.