Tan (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant, Ms Tan, sought review of a decision made by the Tribunal.

The primary legal issue before the Tribunal was whether Ms Tan met the health criteria for the visa, specifically Public Interest Criterion 4005 as prescribed by clause 500.217 of Schedule 2 to the Regulations.

The Tribunal found that it was able to determine the application in favour of the applicant based on the material before it, without the need for a hearing, pursuant to section 360(2)(a) of the Act. The Tribunal therefore remitted the application for reconsideration with a direction that Ms Tan met the relevant health criteria.