Kuo (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Kuo for a Subclass 417 (Working Holiday) visa. The dispute concerned whether Mr. Kuo met the health criteria for the visa.

The Tribunal was required to determine whether it was necessary to hold a hearing to decide the application, and if not, whether Mr. Kuo met the health criteria prescribed by cl 417.221(2)(b) of Schedule 2 to the Regulations.

The Tribunal found that a hearing was not necessary, as it was able to determine the application in favour of the applicant based on the material before it, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal remitted the application for reconsideration with a direction that Mr. Kuo met the relevant health criteria.