Li (Migration)

This matter concerned an application for review of a decision relating to a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity). The applicant, identified as Li, had sought to have a decision concerning their eligibility for the visa reviewed by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the health requirements for the Subclass 408 visa, specifically in relation to the assessment by a Medical Officer of the Commonwealth. The applicant had been "auto cleared" for the medical assessment, and the Tribunal was required to determine the implications of this clearance for the visa application.

The Tribunal, having considered the material before it, determined that a hearing was not necessary and found in favour of the applicant pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in PIC 4005(1)(aa) for the purposes of cl 408.216 of Schedule 2 to the *Migration Regulations 1994* (Cth).