Guo (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, where the primary dispute revolved around the applicant's compliance with the health requirement, specifically Public Interest Criterion (PIC) 4005. The review was conducted by the Tribunal.

The legal issue before the Tribunal was whether the applicant met PIC 4005, which requires certain applicants to undergo a specified medical assessment by a specified person, unless a Medical Officer of the Commonwealth (MOC) decides otherwise, and to be free from diseases or conditions that pose a threat to public health or would likely result in significant costs to the Australian community. The Tribunal specifically considered whether the applicant had undertaken the required medical assessment as stipulated by PIC 4005(1)(aa).

The Tribunal reasoned that departmental records indicated the applicant had been examined by a Medical Officer of the Commonwealth as at 7 September 2022, thereby satisfying the requirements of PIC 4005(1)(aa). Having found that this criterion was met, 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 meet PIC 4005(1) for the purposes of clause 408.216 of Schedule 2 to the Migration Regulations 1994.