Mozziconacci (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, Subclass 802. The applicant had been found not to meet health criterion 4007, which resulted in an adverse Migration Obligations Certificate (MOC) opinion. Despite this, the applicant had significant family links in Australia.

The primary legal issue before the Tribunal was whether the applicant met the requirements of Public Interest Criterion (PIC) 4007(2)(b) for the purposes of clause 802.223 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the adverse health finding could be overcome in light of the applicant's circumstances.

The Tribunal, acknowledging the applicant's significant family ties in Australia, determined that the applicant met the criteria under PIC 4007(2)(b). Consequently, the Tribunal remitted the application for the Child (Residence) (Class BT) visa, Subclass 802, back to the Minister for reconsideration, with the specific direction that the applicant satisfied this particular health criterion.