Maji (Migration)

The Administrative Appeals Tribunal considered an application concerning a Subclass 500 (Student) visa. The applicants sought review of a decision relating to their eligibility for this visa, specifically in relation to a medical health assessment.

The primary legal issue before the Tribunal was whether the first applicant met the criteria for the Subclass 500 visa, as set out in clauses 500.217 and 500.311 of Schedule 2 to the Regulations. The Tribunal was required to determine if a hearing was necessary to resolve this issue, given the material before it.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicants based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant meets the specified criteria for the visa.