Huang (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, which was refused by the delegate on the grounds that the applicant did not meet the health requirement under clause 600.213 of Schedule 2 to the *Migration Regulations 1994* (Cth), specifically Public Interest Criterion (PIC) 4005. The applicant, a citizen of China, was found by the Tribunal to be within a specified class of persons requiring a medical assessment under PIC 4005(1)(aa).

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of PIC 4005, particularly whether she had undertaken the specified medical assessment. The Tribunal was required to consider the evidence presented by the applicant, including correspondence and booking details indicating a medical assessment was undertaken on 26 February 2022, and the Department's database which recorded the finalisation of her health requirements on 1 March 2022.

The Tribunal reasoned that the applicant, being a citizen of China and falling within the specified class of persons under IMMI 15/144, was obligated to undergo a medical assessment. Based on the evidence, the Tribunal was satisfied that the applicant had indeed undertaken the required medical assessment, thereby meeting the requirements of PIC 4005(1)(aa). Consequently, the Tribunal determined that the appropriate course of action was to remit the application to the Minister for reconsideration of the remaining visa criteria.