Mohamed-Ali (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, subclass 600, made by Mr. Mohamed-Ali. The primary dispute concerned whether the applicant met the health requirement and Public Interest Criterion 4005 for the visa.

The Tribunal was required to determine if it was obligated to invite the applicant to a hearing, given that it was satisfied the applicant met the relevant criteria based on the available material. The Tribunal also had to confirm that the applicant satisfied Public Interest Criterion 4005 as per clause 600.213 of Schedule 2 to the Regulations.

The Tribunal reasoned that section 360(2)(a) of the Migration Act 1958 (Cth) did not oblige it to invite the applicant to a hearing if it was already satisfied that a favourable decision could be made. Consequently, the Tribunal remitted the application for reconsideration with a direction that the visa applicant meets the specified criteria.