Diallo (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 117 (Orphan Relative) visa. The applicant sought review of a decision concerning the health criteria for this visa. The Tribunal, constituted by Member Justine Clarke, was tasked with determining whether the applicant met the relevant health requirements.

The primary legal issue before the Tribunal was the interpretation and application of the health criteria as set out in PIC 4005(1)(aa)–(c) of Schedule 4 to the Migration Regulations 1994, in the context of a Subclass 117 (Orphan Relative) visa. This involved considering whether the applicant was free from diseases or conditions that could pose a threat to public health in Australia, or that might result in significant costs to the Australian community for healthcare or community services, or prejudice access for Australian citizens and permanent residents.

The Tribunal reasoned that updated advice had been provided by the Department regarding the applicant's medical assessment. Given this updated information and the specific requirements of the visa subclass, the Tribunal found it appropriate to remit the matter for reconsideration. The Tribunal directed that the visa applicant be taken to meet the health criteria specified in PIC 4005(1)(aa)–(c) for the purposes of clause 117.223 of Schedule 2 to the Regulations. The Tribunal's final order was to remit the application for a Child (Migrant) (Class AH) visa for reconsideration by the Minister.