1607027 (Migration)

The Administrative Appeals Tribunal considered the case of a visa applicant from Taiwan who sought a Student (Temporary) (Class TU) visa. The dispute centred on whether the applicant had met the requirements of Public Interest Criterion (PIC) 4005, which mandates certain medical assessments for visa applicants under specific circumstances. The Department had requested the applicant undergo a medical examination and chest x-ray, with evidence to be provided within 28 days, but this had not been done by the time of the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant satisfied PIC 4005(1)(aa), which requires individuals in a specified class to undergo a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal was required to determine if the applicant fell within the relevant class of persons as defined by IMMI 15/144 and if the specified medical assessments, including a chest x-ray for temporary stays of six months or more, had been undertaken.

The Tribunal reasoned that the applicant, being a national of Taiwan who had been in Australia for almost 11 months at the time of the decision, fell within the class of persons specified in paragraph 2(c) of IMMI 15/144. This class includes individuals who have spent three or more consecutive months in the last five years in a country not listed in Column A of Schedule 1 to IMMI 15/144. Consequently, the medical assessments outlined in Columns B, C, D, and E of Schedule 2 of IMMI 15/144 applied. As the applicant sought a temporary stay of six months or more, the assessment specified in Column C, which includes a chest x-ray, was mandatory. Since the applicant had not provided evidence of undertaking this required medical assessment, they failed to meet PIC 4005.

As a result of failing to satisfy PIC 4005, the Tribunal found that the applicant did not meet clause 570.224(a) of Schedule 2 to the Migration Regulations 1994. Accordingly, the Tribunal affirmed the decision not to grant the applicant the Student (Temporary) (Class TU) visa.