Ooi (Migration)

The Administrative Appeals Tribunal considered an application for a Parent (Migrant) (Class AX) visa, Subclass 103. The applicants sought review of a decision concerning their eligibility for the visa, specifically in relation to meeting prescribed health criteria.

The primary legal issue before the Tribunal was whether the applicants satisfied the health requirements stipulated by the Migration Regulations 1994, as evidenced by a Medical Officer of the Commonwealth's opinion received on 18 April 2018.

The Tribunal, having received and considered the Medical Officer's opinion, was satisfied that the applicants met the relevant health criterion. Consequently, the Tribunal determined that the matter should be remitted for reconsideration. The Tribunal directed that the first named applicant met criterion cl.103.224(a) of Schedule 2 to the Regulations.