Konondang (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, subclass 802, made by an applicant who had undergone a medical examination. The applicant had been "auto-cleared" in relation to health criteria. The decision under review concerned whether the applicant met the health requirements for the visa, specifically the condition of being free from disease or condition that could impact the community or require health care or community services.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied the health requirements as stipulated by the relevant provisions of the *Migration Regulations 1994* (Cth), specifically subclause 4007(1)(c) of Schedule 2, in relation to the Child (Residence) visa subclass 802.

The Tribunal, having regard to the medical examination and the "auto-clear" status, found that the applicant met the health criteria. Consequently, the Tribunal remitted the application for the visa to the Minister for further consideration of the remaining visa criteria. The Tribunal directed that the applicant be taken to meet the health criterion specified in subclause 4007(1)(c) for the purposes of clause 802.223 of Schedule 2 to the Regulations.