De Almeida Goncalves (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, brought before Member Nora Lamont. The applicant had finalised their health requirements, which were recorded as ‘Auto-cleared’, indicating that the health criteria under Public Interest Criterion (PIC) 4005 were met. The core of the dispute revolved around the proper application of these health criteria in the context of the visa application.

The Tribunal was required to determine whether the applicant met the health criteria stipulated in PIC 4005 of Schedule 4 to the Migration Regulations 1994. Specifically, the question was whether the applicant was free from tuberculosis and any disease or condition that could pose a threat to public health or a danger to the Australian community, or that would likely result in significant costs to the Australian community for health or community services.

Member Lamont reasoned that given the applicant's health requirements had been finalised with an 'Auto-cleared' outcome, the applicant satisfied PIC 4005(1) for the purposes of clause 500.217 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa, subclass 500, back to the Minister for reconsideration of the remaining visa criteria, with a specific direction that the applicant meets the health criteria under PIC 4005(1).