Walker (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of Public Interest Criterion (PIC) 4005 and the health requirements for the Subclass 835 visa.

The Tribunal found that the applicant met the health requirements and Public Interest Criterion 4005(1)(a), (b), and (c) for the purposes of clause 835.223 of Schedule 2 to the Migration Regulations 1994. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining criteria for the visa.