Samad (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr Samad and another applicant concerning a Subclass 485 (Temporary Graduate) visa. The dispute centred on whether the applicants met the health requirement for the visa.

The primary legal issue before the Tribunal was to determine if the applicants satisfied Public Interest Criterion 4005(1)(aa)(i) as required by clause 485.216 of Schedule 2 to the Migration Regulations 1994. This criterion relates to the health of the applicant.

The Tribunal found that it was able to reach a favourable decision for the applicants without holding a hearing, pursuant to section 360(2)(a) of the Migration Act 1958. It considered the medical assessment provided upon review and concluded that the first applicant met the relevant health criteria. Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant meets the specified criterion.