Borra (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 600 (Visitor) visa. The applicant sought review of a decision concerning the health requirement for the visa.

The primary legal issue before the Tribunal was whether the applicant met the health requirement as stipulated by the Migration Regulations. The Tribunal was required to determine if a hearing was necessary to resolve this issue, or if the existing material was sufficient to make a decision.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the material before it, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl 600.213 of Schedule 2 to the Regulations.