Holiday Joy! Very Useful Case About Health Criterion
The Federal Circuit Court handed down a decision earlier this week that should give all of us in the migration advice profession another reason to celebrate and be thankful during the holiday season!
This decision, Pokharel v Minister for Immigration & Anor (2016) FCCA 3295 (19 December 2016) shows that it is not the end of the story when a Medical Officer of the Commonwealth makes a determination that a member of an applicant’s family unit does not meet the health requirements contained in Public Interest Criterion 4005, or when the Tribunal concludes that it is bound, under regulation 2.25A, to accept the opinion of the MOC to be correct, or when the Tribunal refuses to adjourn a hearing to enable up-to-date information concerning the health condition of an applicant to be collected.
When it comes to cases where there are issues involving the health criteria, it doesn’t get much better than that, does it?
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