Okamoto (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by the applicant, Okamoto. The primary dispute concerned whether the applicant met the health requirements stipulated by the Migration Regulations 1994 (Cth).

The Tribunal was required to determine if the applicant satisfied the health criterion, specifically Public Interest Criterion 4005, as it applied to the Subclass 600 visa under clause 600.213 of Schedule 2 to the Regulations. This determination was to be made in light of new evidence presented by the applicant.

The Tribunal's reasoning was informed by the submission of new medical evidence. Upon reviewing this evidence, the Tribunal was satisfied that the applicant met the relevant health criterion. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration, with a direction that the applicant meets the specified criteria for the visa. The Tribunal remitted the application for reconsideration, directing that the applicant meets the criteria for a Subclass 600 visa, including PIC 4005.