Aung (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, reviewed by the Tribunal. The central dispute revolved around whether the applicant met Public Interest Criterion (PIC) 4005, which requires applicants in certain circumstances to undergo medical assessments and be free from specific diseases or conditions that could pose a threat to public health or the Australian community.

The legal issue before the Tribunal was whether the applicant had satisfied PIC 4005(1)(aa), which mandates that an applicant, if falling within a specified class, must undertake a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The applicant was in the specified class due to having spent three or more consecutive months in Australia within the last five years, and Australia being a country listed in the relevant instrument. The primary decision had been made without evidence of the applicant having undertaken the requested medical examination.

The Tribunal found that the applicant had subsequently received a health clearance, evidenced by her ICSE records as at 30 October 2018, and confirmed in writing by the Department on 7 November 2018. This confirmed health clearance satisfied the requirements of PIC 4005(1)(aa). Consequently, the Tribunal determined that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met PIC 4005(1)(aa).