Boldbaatar (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student) visa, brought before the Tribunal by the applicant, Mr Boldbaatar. The central dispute revolved around whether the applicant satisfied Public Interest Criterion (PIC) 4005, a requirement for the grant of the visa. The delegate’s initial decision had refused the visa on the grounds that the applicant had not provided evidence of undertaking the required medical examination, and therefore did not satisfy PIC 4005(1)(a)(i).

The legal issue before the Tribunal was to determine whether the applicant met the requirements of PIC 4005, specifically concerning the undertaking of a medical assessment. The Tribunal was required to consider the evidence presented regarding the applicant's compliance with the medical examination requirements stipulated by the Migration Regulations 1994.

The Tribunal found that, contrary to the delegate's assessment, the applicant had indeed undertaken the necessary medical tests. Evidence before the Tribunal indicated that the applicant's health requirements were finalised on 13 May 2024 with an "Auto Cleared" outcome. Based on this evidence, the Tribunal concluded that the applicant now met the requirements of PIC 4005(1) for the purposes of clause 500.217 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant satisfies PIC 4005(1) for the purposes of clause 500.217 of Schedule 2 to the Regulations.