Gao (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant for a Visitor (Class FA) visa, subclass 600. The primary dispute revolved around whether the applicant met Public Interest Criterion (PIC) 4005, a health requirement for the visa.

The Tribunal was required to determine if the applicant had satisfied PIC 4005(1)(aa), which mandates that certain classes of persons undertake a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The applicant, a citizen of China, was found to be within the specified class of persons under legislative instrument IMMI 15/144.

The Tribunal reasoned that the applicant had met the requirements of PIC 4005(1)(aa) based on the evidence presented. This evidence included an email from Bupa Medical Visa Services confirming the applicant attended a medical assessment, and departmental records indicating a clear medical assessment was received and health requirements were finalised on 19 January 2022. Consequently, the Tribunal remitted the matter to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had met PIC 4005(1)(aa).