Xiao (Migration)

The Administrative Appeals Tribunal considered an application by Xiao for a Subclass 835 (Remaining Relative) visa. The dispute concerned whether the applicant met the health requirements for the visa, specifically Public Interest Criterion 4005.

The primary legal issue before the Tribunal was whether it was necessary to hold a hearing to determine if the applicant met the health requirement under clause 835.223 of Schedule 2 to the Migration Regulations 1994.

The Tribunal found that it was able to determine the matter in favour of the applicant based on the material before it, without the need for a hearing, pursuant to section 360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria for the visa, including Public Interest Criterion 4005.