Cueva Coaguila (Migration)

The applicant, a citizen of Peru, sought review of a delegate's decision to refuse her application for a Visitor (Class FA) visa, subclass 600. The refusal was based on the delegate's dissatisfaction that the applicant met Public Interest Criterion (PIC) 4005(1)(aa) of the Migration Regulations 1994. This failure to satisfy PIC 4005(1)(aa) meant the applicant also failed to satisfy PIC 4005 in its entirety, and consequently, clause 600.213 of Schedule 2 to the Regulations. The matter came before the Administrative Appeals Tribunal for review.

The primary legal issue before the Tribunal was whether the applicant had satisfied PIC 4005(1)(aa), which requires an applicant to undertake any medical assessment specified in a relevant legislative instrument and be assessed by the person specified therein, unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal was also required to consider whether the applicant had provided evidence of undertaking the specified medical assessment and chest x-ray, as requested.

The Tribunal considered the evidence provided by the applicant, including documents submitted shortly before a hearing conducted via audio-visual means with the assistance of an interpreter. The Tribunal was satisfied that the applicant had indeed undergone the medical assessment and chest x-ray as required by the relevant legislative instrument. Applying this finding, the Tribunal determined that the applicant satisfied PIC 4005(1)(aa).

Consequently, the Tribunal set aside the delegate's decision to refuse the visa and remitted the application back to the delegate for reconsideration. The direction to the delegate was that the applicant satisfies PIC 4005(1)(aa) of Schedule 4 to the Migration Regulations 1994.