Chen (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant named Chen. The central dispute concerned whether the applicant met the health requirement stipulated by Public Interest Criterion (PIC) 4005, which is a prerequisite for the grant of this visa subclass.

The Tribunal was required to determine if the applicant had undertaken the necessary medical assessment as mandated by PIC 4005(1)(aa) and if they had complied with any requests to undertake such an assessment under PIC 4005(1)(ab). These provisions require individuals in specified classes to undergo medical assessments by designated persons, unless a Medical Officer of the Commonwealth (MOC) directs otherwise, and to comply with any requests for further assessment from an MOC.

The Tribunal found that the applicant had indeed undergone a medical examination by a Medical Officer of the Commonwealth on 28 September 2022, thereby satisfying the requirements of PIC 4005(1)(aa). Furthermore, the Tribunal noted that the applicant had complied with a subsequent request to undertake a medical assessment, fulfilling the obligations under PIC 4005(1)(ab). Given these findings, the Tribunal concluded that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met the specified health requirements.