Borra (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Borra for a Visitor (Class FA) visa, Subclass 600. The primary dispute concerned whether Borra met the health requirement for the visa, which necessitated a medical assessment.

The AAT was required to determine whether the applicant met the criteria for a Subclass 600 visa, specifically in relation to the health requirement as stipulated by clause 600.213 of Schedule 2 to the Regulations. The Tribunal also had to consider whether a hearing was necessary for its determination.

The Tribunal found that it was able to reach a favourable decision for the applicant based on the existing material, without the need for a hearing, 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 specified criteria for the visa.