Wu (Migration)
Case
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[2019] AATA 2661
•5 April 2019
Details
AGLC
Case
Decision Date
Wu (Migration) [2019] AATA 2661
[2019] AATA 2661
5 April 2019
CaseChat Overview and Summary
The Administrative Appeals Tribunal considered the application of Mrs Liu and Mr Cheng for a Contributory Parent (Migrant) (Class CA) visa (Subclass 143). The dispute concerned whether the applicants met the health criteria for the visa.
The Tribunal was required to determine if the applicants satisfied the health requirements as stipulated by Public Interest Criterion 4005, following the submission of new health assessments.
The Tribunal found that the health assessments, received on 15 January 2019, indicated that both the primary applicant, Mrs Liu, and the secondary applicant, Mr Cheng, had no health issues and therefore met the health criteria. Consequently, the Tribunal remitted the application for reconsideration, directing that the first named visa applicant meets clause 143.224 of Schedule 2 to the Regulations, and the secondary visa applicant meets clause 143.324 of Schedule 2 to the Regulations.
The Tribunal was required to determine if the applicants satisfied the health requirements as stipulated by Public Interest Criterion 4005, following the submission of new health assessments.
The Tribunal found that the health assessments, received on 15 January 2019, indicated that both the primary applicant, Mrs Liu, and the secondary applicant, Mr Cheng, had no health issues and therefore met the health criteria. Consequently, the Tribunal remitted the application for reconsideration, directing that the first named visa applicant meets clause 143.224 of Schedule 2 to the Regulations, and the secondary visa applicant meets clause 143.324 of Schedule 2 to the Regulations.
Details
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Judicial Review
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Procedural Fairness
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Remedies
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Statutory Construction
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Citations
Wu (Migration) [2019] AATA 2661
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