1604840 (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse a Visitor (Class FA) visa to an applicant who had applied on 9 March 2016. The delegate had refused the visa because the applicant did not satisfy clause 600.213 of Schedule 2 to the Migration Regulations 1994, specifically by failing to meet the health criteria under Public Interest Criterion (PIC) 4005 of Schedule 4.

The central legal issue before the Tribunal was whether the applicant met PIC 4005(1)(aa), which requires certain applicants to undergo specified medical assessments unless a Medical Officer of the Commonwealth decides otherwise. The applicant, a Fijian citizen intending a temporary stay, was required to undergo a chest X-ray and medical examination. The Department had requested these assessments by 17 March 2016, but no response was received by the delegate's decision date of 21 March 2016, leading to the refusal.

The Tribunal considered evidence presented by the applicant, including correspondence from Bupa Medical Visa Services, indicating that the applicant had undergone the required medical examination and chest X-ray on 29 March 2016. The applicant explained the delay in responding to the Department's initial request was due to difficulties accessing the correspondence on a mobile phone. Based on this evidence, the Tribunal found that the applicant had met PIC 4005(1)(aa).

Accordingly, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration by the Minister, with a direction that the applicant meets PIC 4005(1)(aa) for the purposes of clause 600.213(1) of Schedule 2 to the Regulations.