1605498 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, specifically a Subclass 572 Vocational Education and Training Sector visa. The applicant sought reconsideration of a decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied Public Interest Criterion (PIC) 4005(1)(aa) of the Migration Regulations 1994. This criterion requires applicants in a specified class to undertake specified medical assessments by a specified person, unless a Medical Officer of the Commonwealth decides otherwise.

The Tribunal found that the applicant had met the requirements of PIC 4005(1)(aa). It was satisfied, based on confirmation from the Department and the Immigration Health Branch, that the applicant had undertaken the necessary medical assessments and been assessed by the appropriate person. The term "Auto Cleared" used in relation to the medical results indicated that all required examinations had been completed and met the necessary standards. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had met PIC 4005(1)(aa).