Chen (Migration)

The Administrative Appeals Tribunal considered an application for a Parent (Migrant) (Class AX) visa, Subclass 103, made by the applicant, Chen. The primary dispute concerned whether the applicant met the health criteria for the visa, specifically the requirement to be free from certain diseases or conditions, as assessed by a Medical Officer of the Commonwealth.

The Tribunal was required to determine whether the applicant satisfied the health requirements stipulated by the Migration Regulations. This involved assessing the advice provided by the Medical Officer of the Commonwealth in relation to the applicant's health status and its implications for visa eligibility.

The Tribunal found that the applicant met the health criteria relevant to subclause 4005(1)(c) of the Migration Regulations for the purposes of clause 103.227 of Schedule 2. Consequently, the Tribunal remitted the application back to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had satisfied the health requirements.