Tang (Migration)

The applicant, Tang, sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The dispute centred on the applicant's character assessment for the purpose of visa grant. The matter was heard by Cranston J in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Minister had erred in the character assessment of the applicant, specifically in relation to the interpretation and application of the character provisions under the *Migration Act 1958* (Cth) and associated regulations. The applicant had provided a National Police Certificate which indicated no disclosable court outcomes.

Cranston J found that the Minister's decision had failed to properly consider all relevant information and had not adequately addressed the applicant's circumstances in relation to the character test. The Court determined that the decision under review was affected by jurisdictional error. Consequently, the matter was remitted to the Minister for reconsideration according to law.