Hung (Migration)

This matter concerned an application for a Subclass 407 visa, where the applicant, Mr Hung, sought judicial review of a decision by the Migration Review Tribunal. The Tribunal had previously refused the visa application, finding that the applicant did not meet Public Interest Criterion (PIC) 4001.

The central legal issue before the Tribunal was whether the applicant met PIC 4001, which relates to health and character requirements. The Tribunal was required to determine if, in light of new evidence presented, the applicant satisfied this criterion for the grant of a Subclass 407 visa.

The Tribunal, having considered the new evidence, was satisfied that PIC 4001 was met. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria for a Subclass 407 visa, specifically in relation to Public Interest Criterion 4001 as stipulated by clause 407.219A of Schedule 2 to the Regulations.