Pascual (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Pascual for a Subclass 500 (Student) visa. The dispute concerned whether Mr Pascual met the health requirements for the visa, specifically Public Interest Criterion 4005.

The primary legal issue before the Tribunal was to determine whether Mr Pascual satisfied the health requirements as stipulated in Public Interest Criterion 4005 for the purposes of clause 500.217 of Schedule 2 to the Migration Regulations 1994.

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