Lotika (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought review of a decision by the Department to refuse the visa. The Tribunal, constituted by Jennifer Cripps Watts, was tasked with reconsidering the applicant's eligibility for the visa.

The central legal issue before the Tribunal was whether the applicant satisfied the health requirement stipulated by cl.500.217(4) of Schedule 2 to the Regulations, which mandated compliance with Public Interest Criterion (PIC) 4005, requiring a medical assessment. The Department had initially requested evidence of a health examination, which was not provided within the stipulated timeframe, leading to the visa refusal. A subsequent request from the Tribunal for the same evidence also went unanswered.

Despite the lack of direct response from the applicant to the Tribunal's request, the Tribunal was satisfied that the applicant met the health requirement. This satisfaction was based on departmental records indicating that the applicant's health examination was finalised and cleared on 21 February 2020, after the initial refusal and the Tribunal's request. Consequently, the Tribunal determined that the appropriate course of action was to remit the application for the visa to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the applicant be considered to have met cl.500.217(4) of Schedule 2 to the Regulations.