Eikenboom (Migration)

This matter concerned an application for a Contributory Parent (Temporary) (Class UT) visa, Subclass 173, where the applicant sought review of a decision by the Minister. The dispute centred on whether the applicant met the health criteria for the visa.

The Tribunal was required to determine whether the applicant satisfied the health requirements as stipulated by the Migration Regulations. Specifically, the Tribunal considered the implications of a Medical Officer of Commonwealth (MOC) opinion in relation to the applicant's health.

The Tribunal found that the applicant met certain health criteria, specifically PIC 4005(1)(c) for the purposes of clause 173.224 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria.