Wang (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Wang, a secondary applicant for a Parent (Migrant) (Class AX) visa, subclass 103. The dispute concerned whether Mr Wang met the necessary criteria for the visa, specifically in relation to health requirements.

The Tribunal was required to determine whether Mr Wang satisfied Public Interest Criterion (PIC) 4005, and consequently, whether he met the requirements of clause 103.323 of the Migration Regulations 1994. Furthermore, the Tribunal had to consider whether, given the primary applicant's failure to meet the visa criteria, Mr Wang could satisfy clause 103.321.

The Tribunal reasoned that as Mr Wang did not satisfy PIC 4005, he could not meet clause 103.323. It further held that because the primary applicant did not meet the criteria for the grant of the visa, Mr Wang, as a secondary applicant, could not satisfy clause 103.321.

Accordingly, the Tribunal affirmed the decisions not to grant the visa applicants Parent (Migrant) (Class AX) visas.