DIAZ (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by the applicant, DIAZ. The dispute arose because the visa delegate refused to grant the visa on the basis that the applicant had not provided evidence of undertaking or booking a health assessment, and therefore the delegate was not satisfied that the applicant met Public Interest Criterion (PIC) 4005. The decision was reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005 of the Migration Regulations 1994, 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. The Tribunal was required to determine if the evidence presented, particularly a subsequent medical opinion, satisfied this criterion.

The Tribunal reasoned that while the delegate's initial decision was based on a lack of evidence regarding the health assessment, the applicant had since provided a Form 884: Opinion of a Medical Officer of the Commonwealth, dated 12 July 2017. This opinion stated that the applicant had been assessed against PIC 4005 and met the health requirement for a permanent stay in Australia. Based on this new evidence, the Tribunal was satisfied that the applicant met PIC 4005.

Consequently, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to meet PIC 4005 for the purposes of cl.500.217 of Schedule 2 to the Regulations.