Fang (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, where the applicant had undertaken a required medical assessment upon review. The decision-maker was Nicole Burns, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the health requirement for the visa, specifically in relation to subclause 4005(1) of Schedule 4 to the Migration Regulations 1994. This subclause outlines various conditions relating to freedom from certain diseases and the requirement to undergo medical assessments if requested.

The Tribunal found that the applicant met criterion PIC 4005(1) for the purposes of clause 600.213(1) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had satisfied the health requirement.