Benson (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector, made by a citizen of the United Kingdom. The applicant had been requested to provide evidence of a medical and x-ray examination, which was not provided by the specified deadline. Consequently, the delegate was not satisfied that the applicant met Public Interest Criterion (PIC) 4005. The review applicant sought reconsideration of this decision.

The primary legal issue before the Tribunal was whether the applicant met PIC 4005, specifically subclause (1)(aa), which requires certain applicants to undergo specified medical assessments unless a Medical Officer of the Commonwealth decides otherwise. This subclause, read in conjunction with IMMI 15/144, mandated a chest x-ray and medical examination for the applicant. The Tribunal also considered whether the applicant had complied with the requirement to be assessed by the specified person.

The Tribunal reasoned that, despite the initial failure to provide the required documentation by the deadline, Department records indicated that as of 26 January 2017, the applicant had met the Finalised Health Requirement, signifying that all necessary health testing had been completed by the relevant persons. Therefore, the Tribunal was satisfied that the applicant had met the requirements of PIC 4005(1)(aa).

The Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met PIC 4005 for the Subclass 573 Higher Education Sector visa.