Balasubramanian (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Mr. Balasubramanian for a Visitor (Class FA) visa, Subclass 600. The central dispute concerned whether the applicant met Public Interest Criterion (PIC) 4005, which requires applicants in certain circumstances to undergo a medical assessment and be free of specific diseases or conditions that could impact the community. The Tribunal's decision was made on the papers.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the requirements of PIC 4005(1)(aa) of the Migration Regulations 1994. This criterion mandates that individuals belonging to a specified class must undertake a prescribed medical assessment by an approved provider, unless a Medical Officer of the Commonwealth directs otherwise. The applicant, a national of India, was in a class of persons requiring a chest x-ray and/or medical examination for the purposes of PIC 4005(1)(aa).

The Tribunal reasoned that the applicant had indeed undertaken the required medical assessment. Departmental records confirmed that on 23 May 2018, the applicant was assessed as ‘auto cleared (4005)’. Based on this evidence, the Tribunal was satisfied that the requirements of PIC 4005(1)(aa) had been met.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration by the Minister. The remittal was accompanied by a direction that the applicant had met the criteria under PIC 4005(1)(aa) for the purposes of clause 600.213 of Schedule 2 to the Regulations, allowing for the assessment of the remaining visa criteria.