Goh (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), by an applicant who failed to provide the department with evidence of satisfying the health criteria. The review was before the Tribunal, presided over by Member Tim Connellan.

The central legal issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005, specifically subclause (1)(aa), which requires certain applicants to undergo a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The applicant, being a national of Singapore, was required by IMMI 15/144 to provide satisfactory evidence of having completed a medical examination.

The Tribunal found that the applicant had satisfied PIC 4005(1)(aa). This conclusion was based on an email received by the Tribunal from Contract Management, confirming that the applicant had completed the required medical examinations and received a "Recommended Cleared" outcome on 4 July 2017.

Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa to the Minister for reconsideration of the remaining criteria, with a direction that the applicant meets PIC 4005(1)(aa) for the purposes of clause 500.217 of Schedule 2 to the Regulations.