Burlakova (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ms. Burlakova for an Aged Parent (Residence) (Class BP) visa, subclass 804. The dispute concerned whether Ms. Burlakova met the health criteria for the visa.

The primary legal issue before the Tribunal was whether Ms. Burlakova satisfied the health requirements as stipulated by clause 804.225 of Schedule 2 to the Migration Regulations 1994. The Tribunal was required to determine if new evidence, which had been received, impacted the assessment of these criteria.

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 Ms. Burlakova meets the health criteria for the Subclass 804 visa.