Zhou (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ms. Zhou for a Subclass 485 (Temporary Graduate) visa. The dispute concerned whether Ms. Zhou 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 1994. The primary issue was that no evidence of the required medical assessment had been provided with the initial visa application, although the undertaking of such an assessment was later confirmed.

The Tribunal was required to determine whether it could make a decision in favour of the applicant based on the material before it, without holding a hearing. The Tribunal also had to consider the appropriate direction to give regarding the applicant meeting the health criteria for the visa.

The Tribunal reasoned that, pursuant to section 360(2)(a) of the Migration Act 1958, it was able to find in favour of the applicant on the basis of the material before it, and therefore a hearing was not necessary. The Tribunal concluded 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 the direction that the applicant meets the specified health criteria.