Yang (Migration)

The Administrative Appeals Tribunal considered an application by Ms. Yang for a Contributory Aged Parent (Migrant) (Class CA) visa, subclass 864. The dispute concerned whether Ms. Yang met the health requirements for a non-migrating family member.

The primary legal issue before the Tribunal was whether the Medical Officer of the Commonwealth's opinion regarding Ms. Yang's health, which had been updated upon review, satisfied the relevant health criteria for the visa.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing material. Pursuant to section 360(2)(a) of the Migration Act 1958 (Cth), the Tribunal remitted the application for reconsideration. The Tribunal directed that Ms. Yang be found to meet the criteria under clause 143.230 of Schedule 2 to the Migration Regulations 1994 (Cth).