Wan (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Wan for a Subclass 485 (Temporary Graduate) visa. The dispute concerned whether Mr. Wan had met the health criteria for the visa, specifically Public Interest Criterion 4005, as required by clause 485.216(1) of Schedule 2 to the Migration Regulations.

The primary legal issue before the Tribunal was whether it could make a decision in favour of the applicant without a hearing, based on the material before it, and whether the applicant had satisfied the health criteria. The Tribunal was required to determine if it was empowered to proceed under section 360(2)(a) of the Migration Act 1958 (Cth) and, if so, whether the evidence supported a finding that the health criteria were met.

The Tribunal found that it was able to make a decision in favour of the applicant without a hearing, pursuant to section 360(2)(a) of the Act, as it was satisfied with the material before it. The Tribunal determined that the applicant met Public Interest Criterion 4005 for the purposes of clause 485.216(1) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria.