Mayen (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Child (Migrant) (Class AH) visa, Subclass 117 (Orphan Relative). The applicant sought to have the decision remitted for reconsideration.

The primary legal issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005, specifically subclause (1)(aa), which requires a specified medical assessment to be undertaken by the applicant. The delegate had previously determined that PIC 4005 was not satisfied due to the applicant not having completed this assessment.

The Tribunal found that the applicant was a person required to undertake the specified medical assessment under PIC 4005(1)(aa) and IMMI 15/144. Crucially, the Tribunal received advice that the applicant had since completed the required medical assessment. Therefore, the Tribunal concluded that the requirement of PIC 4005(1)(aa) was met.

Consequently, the Tribunal remitted the application for a Child (Migrant) (Class AH) visa for reconsideration by the Minister, with a direction that the applicant satisfies PIC 4005(1)(aa) for the purposes of clause 117.223 of Schedule 2 to the Migration Regulations 1994.