Daga (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the applicant sought review of a decision made by the Department of Home Affairs. The central issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005, which requires applicants in certain circumstances to undergo medical assessments and be free from specific diseases or conditions that could impact public health or community services in Australia.

The Tribunal was required to determine if the applicant had satisfied the medical assessment requirements under PIC 4005(1)(aa) of the Migration Regulations 1994. This criterion mandates that individuals in a specified class undertake prescribed medical assessments unless a Medical Officer of the Commonwealth determines otherwise. The applicant, seeking a temporary stay of six months or more from a country not listed in the relevant instrument, was required to undergo a medical examination and chest X-ray.

The Tribunal found that while the applicant had not completed these medical assessments by the time of the delegate's decision, subsequent information indicated that the necessary tests were undertaken on 10 February 2022. Departmental records confirmed that the applicant had finalised the health requirement and was assessed as "Recommend Cleared." Consequently, the Tribunal was satisfied that PIC 4005(1)(aa) had been met.

Given this finding, the Tribunal determined that the appropriate course of action was to remit the application for reconsideration by the Minister, with a direction that the applicant meets PIC 4005(1) for the purposes of clause 600.213(1) of Schedule 2 to the Regulations. The reconsideration by the Minister would then address the remaining criteria for the visa grant.