Ganesh Kumar (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by Ganesh Kumar. The delegate had refused to grant the visa on the basis that the applicant did not satisfy clause 500.217 of the Migration Regulations 1994, as the health criteria in Public Interest Criterion (PIC) 4005 of Schedule 4 to the Regulations were not met. The decision was reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied PIC 4005, which requires applicants in certain circumstances to undergo medical assessments and be free from specific diseases or conditions that could impact the Australian community. The Tribunal considered new information provided by the applicant.

The Tribunal reasoned that it had received new information indicating that the applicant had now undergone the relevant medical examination. Based on this new information, the Tribunal accepted that the applicant now satisfied the requirements of PIC 4005. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets PIC 4005 for the purposes of clause 500.217 of Schedule 2 to the Regulations.