Kagendo (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity) visa, made by the applicant, Kagendo. The dispute concerned whether the applicant met the health criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied Public Interest Criterion 4005, which forms part of the health requirements for the Subclass 408 visa.

The Tribunal noted that since the delegate's original decision, Department records indicated that the health requirement had been finalised for the applicant on 6 July 2023. Based on this updated information, the Tribunal was satisfied that the applicant met PIC 4005. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets PIC 4005 for the purposes of clause 408.216 of Schedule 2 to the Regulations.