Boonchum (Migration)

The Administrative Appeals Tribunal considered an application by Boonchum for a Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision concerning the satisfaction of health criteria for this visa.

The primary legal issue before the Tribunal was whether the applicant met the health requirements as stipulated by the Migration Regulations. Specifically, the Tribunal was required to determine if the evidence provided by the applicant regarding a medical assessment satisfied the relevant criteria.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing documentation. Pursuant to section 360(2)(a) of the Migration Act 1958 (Cth), the Tribunal remitted the application for reconsideration. The direction was that the applicant was to be found to meet the criteria under cl 485.216 of Schedule 2 to the Regulations.