Taylor (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The applicant sought review of a decision relating to the health criteria for this visa.

The primary legal issue before the Tribunal was whether the applicant met the health criteria, specifically PIC 4005(1)(c) as it applied to clause 835.223 of Schedule 2 to the *Migration Regulations 1994* (Cth). This involved considering an opinion from a Medical Officer of the Commonwealth provided to the Department after the initial refusal decision.

The Tribunal, having made findings in favour of the applicant regarding the health criteria, determined that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the applicant be taken to meet the health criteria for the Subclass 835 visa.