Ndungi (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by Mr. Ndungi. The primary dispute concerned whether Mr. Ndungi met the health criteria for the visa.

The Tribunal was required to determine if Mr. Ndungi satisfied the health requirements as stipulated by the Migration Regulations. Specifically, the Tribunal had to assess the implications of a medical assessment provided during the review process.

The Tribunal found that a medical assessment provided during the review process indicated that Mr. Ndungi met the health criteria. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that Mr. Ndungi satisfied PIC 4005(1) for the purposes of clause 500.217 of Schedule 2 to the Regulations.