Cheung (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The applicant sought review of a decision concerning their eligibility for the visa. The central issue was whether the applicant met Public Interest Criterion (PIC) 4005, which relates to health requirements for visa applicants.

The Tribunal was required to determine if the applicant had satisfied PIC 4005(1)(aa) of the Migration Regulations 1994. This criterion mandates that applicants in specified classes undertake a medical assessment by a specified person, unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal examined departmental records to ascertain compliance with this requirement.

The Tribunal found that the applicant had complied with the requested medical assessment and had finalised this health requirement on 27 March 2018. Consequently, the Tribunal concluded that the applicant satisfied PIC 4005(1)(aa). Given this finding, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the applicant meets PIC 4005(1)(aa) for the purposes of clause 500.217 of Schedule 2 to the Regulations.