Chen (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, brought by the applicant, Chen. The primary dispute revolved around whether the applicant met the health requirement stipulated by Public Interest Criterion (PIC) 4005 of the Migration Regulations 1994. The decision was made by L. Symons, a Member of the Tribunal.

The legal issue before the Tribunal was whether the applicant had satisfied PIC 4005(1)(aa), which requires certain classes of persons to undergo a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The applicant's visa application had initially been refused on the basis that this medical assessment had not been undertaken.

The Tribunal reasoned that the applicant, being a citizen of China, fell within the specified class of persons requiring a medical assessment under legislative instrument IMMI 15/144. Crucially, the Tribunal considered evidence presented by the applicant, including an email indicating a medical appointment, and evidence from the Department confirming that the applicant received a clear medical assessment on 8 March 2022, finalising his health requirements. Based on this evidence, the Tribunal concluded 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, with a direction that the applicant had met the criteria under PIC 4005(1)(aa) for the purposes of clause 600.213(1) of Schedule 2 to the Regulations. The reconsideration was to address the remaining criteria for the visa grant.