Christie (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 189 (Skilled - Independent) visa. The applicants sought review of a decision concerning their eligibility for the visa, specifically in relation to health criteria.

The primary legal issue before the Tribunal was whether the applicants had satisfied the health requirements for the visa, particularly Public Interest Criterion 4007, as stipulated by the Migration Regulations. The Tribunal was required to determine if the evidence of the required medical assessment had been adequately provided or if its completion could be established in a manner that satisfied the legislative requirements.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable conclusion for the applicants based on the existing material, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant met the relevant health criteria for the Subclass 189 visa.