Li (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, brought by the applicant, Li. The primary dispute revolved around whether the applicant met the health requirements stipulated by the Migration Regulations 1994 (Cth) for the visa. The decision was made by Kira Raif, Senior Member, of the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether the applicant satisfied the health criteria for the subclass 600 visa, specifically concerning the risk of posing a danger to the Australian community or requiring significant health or community services. The applicant’s medical assessment had indicated that they were clear of any such conditions.

The Tribunal found that the applicant met the relevant health criteria, specifically paragraph 4005(1)(c) of Schedule 2 to the Migration Regulations, as applied to clause 600.213. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining criteria for the visa, with the express direction that the applicant had satisfied the health requirements.