Ho (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The decision under review was made by the Migration Review Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the health criteria stipulated in Public Interest Criterion (PIC) 4005 of the Migration Regulations 1994. This criterion addresses various health-related requirements, including freedom from tuberculosis, freedom from diseases posing a threat to public health or a danger to the Australian community, and freedom from conditions that might lead to significant costs or prejudice access to health and community services for Australian citizens and permanent residents.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable conclusion for the applicant based on the existing material. Pursuant to section 360(2)(a) of the Migration Act 1958, the Tribunal remitted the application for reconsideration. The direction was that the applicant met PIC 4005(1)(d) for the purposes of clause 835.223 of Schedule 2 to the Regulations, which pertains to providing an undertaking for a follow-up medical assessment if requested by a Medical Officer of the Commonwealth.