Geng (Migration)

Case

[2019] AATA 5866

20 September 2019


Details
AGLC Case Decision Date
Geng (Migration) [2019] AATA 5866 [2019] AATA 5866 20 September 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application by Geng for a Visitor (Class FA) visa, Subclass 600. The dispute concerned whether Geng met the health criteria for the visa, specifically the requirement to undertake a health examination.

The Tribunal was required to determine if the applicant had satisfied the health criteria under Public Interest Criterion 4005(1)(c) of Schedule 2 to the *Migration Regulations 1994* (Cth). The applicant had apparently "auto cleared" upon review of their health status.

The Tribunal found that the applicant met the relevant health criterion. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the applicant satisfied the health requirements.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Remedies

  • Procedural Fairness

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