Yoon (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa by Mr Yoon. The dispute concerned whether Mr Yoon met the health criterion for the visa, specifically cl.500.217 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine whether, in light of new evidence presented, the health criterion for the visa was satisfied.

The Tribunal's reasoning was that the new evidence received demonstrated that Mr Yoon met the relevant health criterion. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criterion.