Abecendario (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision concerning their eligibility for the visa. The primary dispute revolved around whether the applicant had satisfied the health criteria, specifically Public Interest Criterion (PIC) 4005, which requires applicants to undergo medical assessments and be free of certain diseases that could impact the community. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether the applicant had undertaken the required medical and x-ray examination as stipulated by PIC 4005(1)(aa), and if so, whether this criterion was met for the primary applicant and any secondary applicants. The Tribunal also considered the definition of "member of the family unit" under regulation 1.12 of the Migration Regulations 1994 to determine the relationship between the primary and secondary applicants.

The Tribunal reasoned that while the applicant initially failed to provide evidence of the required medical examination to the Department, subsequent evidence submitted to the Tribunal, including tax invoices and payment receipts for Bupa Medical Visa Services appointments, demonstrated that the medical and x-ray examinations were undertaken by the primary applicant and the secondary applicants. The Tribunal was satisfied that the primary applicant met the requirements of PIC 4005(1)(aa). Furthermore, the Tribunal accepted that the second applicant was the spouse of the primary applicant, and the remaining applicants were their children, thus qualifying as members of the family unit.

Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the first named applicant met PIC 4005(1) for the purposes of clause 500.217 of Schedule 2 to the Regulations.