Student Recovers in MRT From Not Meeting Criteria


Students often fail to do the basic things needed to meet student visa criteria.  Fortunately in migration law, a visa application is still valid even if it a student fails to provide evidence to meet the criteria.  A student can provide that evidence on review to the MRT. Here’s what happened in El Cheikh 071938062 [2008] MRTA 885 (5.9.08):

The applicant was asked to undertake medical examinations and X-ray examinations with Health Services Australia (HSA), but had not done so in the period of about 3 months following the lodgment of his application. In the absence of evidence that he had done so, on 26.11.0, the delegate refused the application as he was not satisfied that the applicant met the requirements of PIC 4005.

Subsequent to the applicant’s application to this Tribunal, he did undergo the necessary examinations in Apr 08, and HSA forwarded the result to the Department. Those results are before the Tribunal. The Department has since advised the Tribunal that he “was “A” cleared or had no significant medical conditions identified for his student visa.”

Barbara Davidson