Stubbs (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, Subclass 802 (Child), made by Stubbs. The central dispute concerned whether the applicant met the health criteria for the visa.

The Tribunal was required to determine whether the applicant met the health requirements as stipulated by the Migration Regulations. Specifically, the Tribunal had to assess the relevance and weight of a Medical Officer of Commonwealth (MOC) opinion in relation to the applicant's health status and its impact on the assessment of criterion PIC 4007(1)(c) under clause 802.223 of Schedule 2 to the Regulations.

In its reasoning, the Tribunal found that the applicant did meet the health criteria. The Tribunal directed that the applicant be taken to meet criterion PIC 4007(1)(c) for the purposes of clause 802.223 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with the specific direction that the applicant meets the aforementioned health criteria.