Suwapong (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Suwapong concerning a Partner (Temporary) (Class UK) visa, Subclass 820. The dispute centred on whether Suwapong met the health criteria for the visa.

The primary legal issue before the Tribunal was to determine if the applicant met the health requirements as stipulated by the relevant provisions of the *Migration Regulations 1994* (Cth). Specifically, the Tribunal had to assess the applicant's compliance with Public Interest Criterion 4007(1)(aa) in the context of clause 820.223(1)(a) of Schedule 2 to the Regulations.

The Tribunal found that it was able to reach a favourable decision for the applicant based on the material before it, without the need for a hearing, pursuant to section 360(2)(a) of the *Migration Act 1958* (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified health criteria.