Kaur (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the applicant had undertaken a medical assessment during the review process. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the health requirement for the visa. The Tribunal was required to determine if the material before it was sufficient to make a finding in favour of the applicant without a hearing.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the existing material, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in cl 600.212 of Schedule 2 to the Migration Regulations 1994 (Cth).