Huynh (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by Mr. Huynh. The primary dispute concerned whether Mr. Huynh met the health requirement for the visa, specifically criterion PIC 4005(1)(c) of Schedule 2 to the Migration Regulations 1994, which requires an applicant to be free from a disease or condition that is likely to require health care or community services in Australia.

The Tribunal was required to determine if Mr. Huynh satisfied the health criterion under PIC 4005(1)(c) for the purposes of clause 600.213 of Schedule 2 to the Regulations.

The Tribunal found that Mr. Huynh met the health criterion. Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, to the Minister for reconsideration of the remaining visa criteria. The direction was that the applicant meets the health criterion as specified.