Alkhshali (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Subclass 101 (Child) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the health criteria for the Subclass 101 visa, specifically as it related to Public Interest Criterion (PIC) 4007 under clause 101.223 of Schedule 2 to the Migration Regulations 1994.

The Tribunal determined that a hearing was not necessary, as it could find in favour of the applicant based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the health criteria for the visa.