Kim (Migration)

The Administrative Appeals Tribunal considered an application by Kim for a Subclass 500 (Student) visa. The dispute concerned whether Kim met the health requirements for the visa.

The Tribunal was required to determine if the applicant met the health criteria as stipulated by subclause 4005(1)(aa) of the Migration Regulations 1994, in relation to clause 500.217 of Schedule 2 to the Regulations.

The Tribunal found that it was able to determine the matter in favour of the applicant based on the material before it, without the need for a hearing, pursuant to s.360(2)(a) of the Migration Act 1958. Accordingly, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified health criteria.