Eosanurak (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, where the primary dispute revolved around whether the applicant had met the health requirement stipulated by Public Interest Criterion (PIC) 4005. The Tribunal, constituted by Member Amanda Mendes Da Costa, was tasked with reviewing the delegate's decision that the applicant had not completed the required health examination.

The central legal issue before the Tribunal was whether the applicant had satisfied PIC 4005(1)(aa), which mandates that applicants within a specified class undertake a specified medical assessment by a specified person, unless a Medical Officer of the Commonwealth directs otherwise. This criterion is relevant to the grant of the Subclass 408 visa under clause 408.216(1) of the Regulations.

The Tribunal reasoned that, based on information provided by the Department, the applicant was indeed within the specified class of persons and had undertaken the required medical examination. Consequently, the Tribunal concluded that the requirements of PIC 4005(1)(aa) were met. Given this finding, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the applicant be considered to have met PIC 4005(1)(aa) for the purposes of clause 408.216(1).