Moyo (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 802 (Child) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 802 visa, specifically in relation to cl.802.223 of Schedule 2 to the Regulations. The Tribunal was required to determine if sufficient evidence, including a medical assessment, had been presented to satisfy these requirements.

The Tribunal determined that a hearing was not necessary as it could make a favourable finding based on the material before it, pursuant to s.360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria for the visa.