Cormack (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by an applicant who had been requested to undergo a chest x-ray and medical examination. The delegate of the Department of Home Affairs had refused the visa on the grounds that the applicant had not met Public Interest Criterion (PIC) 4005, as no response had been received regarding the requested medical assessments by the decision date.

The primary legal issue before the Tribunal was whether the applicant satisfied PIC 4005, which requires certain applicants to undergo specified medical assessments and be free from diseases or conditions that may impact the community or result in significant costs to the Australian community. The Tribunal also had to consider the applicant's claims, made at the hearing, that the medical examinations had been undertaken around the time of the delegate's decision and again shortly before the hearing, and why this information had not been provided.

The Tribunal reasoned that while the applicant initially failed to provide the requested information, leading to the delegate's refusal, subsequent information obtained by the Tribunal from the Department, including Medical Officer of the Commonwealth opinions dated 30 April 2019 and 30 October 2020, indicated that the applicant had been assessed against PIC 4005 and met the health requirement. As the most recent assessment was within the preceding 12 months, the Tribunal was satisfied that the applicant now met PIC 4005(1) for the purposes of the visa.

Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant meets PIC 4005(1) for the purposes of clause 600.213(1) of Schedule 2 to the Regulations.