Joshi (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision regarding an application for a Student (Temporary) (Class TU) visa, subclass 500. The primary issue before the Tribunal was whether the applicant met the health criteria stipulated in Public Interest Criterion (PIC) 4005, which is a requirement for the grant of the visa.

The Tribunal was required to determine if the applicant had satisfied the requirements of PIC 4005(1)(aa), which mandates that individuals from specified classes undertake a medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The applicant, being from India, fell within the specified class requiring such an assessment as per IMMI 15/144.

The Tribunal found that the applicant had completed her required health assessment on 6 June 2024, as confirmed by the Department. Consequently, the Tribunal concluded that the requirements of PIC 4005(1)(aa) were met. As the Tribunal was able to make this finding based on the available material without needing a hearing, it remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had satisfied PIC 4005(1)(aa).