Sandhoo (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, made by the applicant, Sandhoo. The Administrative Appeals Tribunal (AAT) was required to consider the applicant's compliance with the health criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant met the health requirements stipulated by the Migration Regulations 1994, specifically concerning Public Interest Criterion (PIC) 4005 as it applied to Schedule 2, clause 408.216 of the Regulations.

The Tribunal noted that subsequent to the delegate's decision, Department records indicated that the health requirement had been finalised in respect of the applicant on 11 May 2023. Accordingly, the Tribunal remitted the application for reconsideration, directing that the applicant be taken to meet the relevant health criterion.