Appiah Danso (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity), made by Appiah Danso. The review before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005, which requires applicants in certain circumstances to undergo medical assessments and be free from diseases or conditions that could impact the community. The applicant had initially failed to comply with a request for a medical assessment.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of PIC 4005(1)(aa) of the Migration Regulations 1994. This subclause mandates that if an applicant falls within a specified class, they must undertake a specified medical assessment by a specified person, unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal also considered whether the applicant had complied with any subsequent requests for medical assessment under PIC 4005(1)(ab).

The Tribunal reasoned that the applicant had ultimately complied with the health requirements. Departmental records indicated that the applicant's health requirements were finalised and cleared on 4 May 2023, following an initial request for a medical assessment on 8 February 2023. The Tribunal found that the applicant had met the requirements of PIC 4005(1)(aa). Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria.