LIU (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ms. Liu for a Subclass 500 (Student) visa. The core of the dispute concerned whether Ms. Liu met the health requirements stipulated by the Migration Regulations 1994 (Cth) for the visa.

The Tribunal was required to determine if Ms. Liu satisfied the criterion in Public Interest Criterion (PIC) 4005(1) of Schedule 4 to the Regulations. This criterion relates to the health of the applicant and the potential risk they might pose to public health or the community.

The Tribunal found that it was able to determine the matter in favour of the applicant based on the existing material, without the need for a hearing, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that Ms. Liu meets the criterion in PIC 4005(1).