Kaur (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, by an applicant who was required to meet Public Interest Criterion (PIC) 4005. The review was before the Tribunal, with Member Denise Connolly presiding. The central dispute revolved around whether the applicant had satisfied the health criteria stipulated by PIC 4005, specifically subclause (1)(aa).

The legal issue before the Tribunal was whether the applicant had met the requirements of 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 fell into the specified class due to having spent three or more consecutive months in India within the preceding five years, a country not listed in Schedule 1 of the relevant instrument (IMMI 15/144).

The Tribunal reasoned that the Department's records confirmed the applicant met the health requirement as she was "Auto cleared" as at 6 December 2019. Consequently, the Tribunal found that the requirements of PIC 4005(1)(aa) were met. Given this finding, 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, with a direction that the applicant had met PIC 4005(1)(aa) for the purposes of clause 600.213 of Schedule 2 to the Regulations.