Kaur (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by Ms Kaur. The primary dispute concerned whether Ms Kaur met the health criteria for the visa, specifically the requirement to be free from a disease or condition likely to require health care or community services. The Tribunal was required to determine if the decision to refuse the visa on health grounds was made without a necessary hearing and whether the opinion of the Medical Officer of the Commonwealth was to be taken as correct in the circumstances.

The Tribunal found that the decision to refuse the visa had been made without affording Ms Kaur a necessary hearing. It applied the principle that a decision affecting a person's rights or interests must be preceded by procedural fairness. In this instance, the Tribunal determined that the applicant had not been given a proper opportunity to respond to the adverse information concerning her health.

Consequently, the Tribunal remitted the application for reconsideration by the Minister. The Tribunal directed that for the purposes of clause 600.213(1) of Schedule 2 to the Regulations, Ms Kaur was to be taken as meeting criterion PIC 4005(1)(c). The reconsideration was to focus on the remaining criteria for the visa.