Padala (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 190 Skilled Nominated visa. The applicant sought review of a decision concerning the visa application, which involved meeting health criteria. The applicant's spouse, Dindigala Mounika, had passed away.

The primary legal issue before the Tribunal was whether the applicant met the relevant health criteria for the visa, particularly in light of the death of their spouse. The Tribunal was required to assess the impact of this new information on the applicant's eligibility for the visa.

The Tribunal was satisfied that the criterion for the primary applicant was met upon receipt of the Death Certificate for Dindigala Mounika, which was registered on 3 August 2019. Applying this new evidence, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with the direction that the first named applicant meets the specified criteria for a Subclass 190 visa, specifically referencing cl.190.216 of Schedule 2 to the Regulations.