Diallo (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, specifically Subclass 117 (Orphan Relative), made by a Mr Diallo. The dispute concerned whether the applicant met the health criteria stipulated by the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied the health requirements under Public Interest Criterion (PIC) 4005(1) of Schedule 4 to the Regulations, as applied to clause 117.223 of Schedule 2. This involved assessing whether the applicant was free from diseases or conditions that could pose a threat to public health in Australia, result in significant costs to the Australian community, or prejudice access to health services for Australian citizens and permanent residents.

The Tribunal found that the applicant met the health criteria for the visa. Consequently, the Tribunal remitted the matter to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the applicant meets PIC 4005(1) for the purposes of cl 117.223 of Schedule 2 to the Regulations.