Thanudomlarp (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision concerning their eligibility for this visa, specifically in relation to health criteria.

The primary legal issue before the Tribunal was whether the applicant met the health requirements for the visa, as stipulated by Public Interest Criterion 4005(1) under clause 485.216 of Schedule 2 to the Migration Regulations 1994.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing documentation. Applying section 360(2)(a) of the Migration Act 1958, the Tribunal found in favour of the applicant. Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant satisfies the relevant health criteria.