Popescu (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Mr Popescu for a Subclass 417 (Working Holiday) visa. The dispute concerned whether Mr Popescu met the health criterion for the visa.

The Tribunal was required to determine whether it could make a decision in favour of the applicant without a hearing, and if so, to determine whether Mr Popescu met the health criterion as prescribed by cl 417.221(2)(b) of Schedule 2 to the Regulations.

The Tribunal found that it was able to make a decision in favour of the applicant on the material before it, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth), and therefore a hearing was not necessary. The Tribunal remitted the application for reconsideration with a direction that Mr Popescu met the health criterion.