Elizabeth Par Hniang (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, made by Elizabeth Par Hniang. The primary issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005, which relates to health requirements for visa applicants. The delegate had previously found that the applicant had not satisfied PIC 4005 because she had not provided evidence of undertaking a required chest x-ray and medical examination by the specified date.

The Tribunal was required to determine whether the applicant had satisfied PIC 4005(1)(aa), which mandates that applicants in specified classes undertake prescribed medical assessments unless a Medical Officer of the Commonwealth decides otherwise. The applicant, a citizen of Myanmar, was in a class of persons requiring a medical examination and chest x-ray for a temporary stay of six months or more in Australia. The Tribunal also considered whether a Medical Officer of the Commonwealth opinion was necessary.

The Tribunal reasoned that the applicant, as a citizen of Myanmar aged 11 or older seeking a temporary stay of six months or more, was indeed required to undergo the specified medical assessments under Instrument IMMI 15/144. Crucially, evidence before the Tribunal indicated that the applicant had undertaken these assessments on 22 May 2018, and no health concerns were identified. Consequently, the Tribunal found that the requirements of PIC 4005(1)(aa) were met. Furthermore, as no health concerns were identified and no information suggested the applicant might not meet other aspects of PIC 4005, a Medical Officer of the Commonwealth opinion was deemed unnecessary.

Based on these findings, the Tribunal concluded that the applicant satisfied PIC 4005(1). The Tribunal therefore remitted the application to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the applicant meets PIC 4005(1) for the purposes of clause 600.213 of Schedule 2 to the Regulations.