Dao (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600 (Visitor), made by the applicant, Dao. The primary dispute concerned whether the applicant met the health criteria for the visa, specifically as outlined in Schedule 4, clause 4005(1) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied the health requirements stipulated by the regulations. This involved assessing whether the applicant was free from conditions that could pose a threat to public health or result in significant costs to the Australian community through healthcare and community services. The Tribunal also had to consider the specific provisions relating to medical assessments and undertakings required under clause 4005(1).

The Tribunal found that the applicant had been "auto cleared" for the finalised health requirement. Consequently, the Tribunal remitted the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that for the purposes of clause 600.213(1) of Schedule 2 to the Regulations, the applicant was to be taken as meeting PIC 4005(1).