Kaur (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), made by Ms Kaur. The central issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005, which requires applicants in certain circumstances to undergo a medical assessment and be free from diseases or conditions that could pose a threat to public health or the Australian community.

The Tribunal was required to determine if the applicant had satisfied the requirements of PIC 4005(1)(aa), which mandates that applicants in a specified class undertake a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal examined evidence that the applicant had provided confirmation of a medical examination appointment and receipts from BUPA, and that the applicant's Integrated Medical Case System (IMCS) record confirmed the medical examination was cleared on 26 November 2018. The Tribunal was also advised that the applicant had attended and completed health examinations at BUPA Melbourne on 25 September 2018 with an "Auto Cleared" outcome.

Based on the evidence presented, the Tribunal concluded that the applicant had met the requirements of PIC 4005(1)(aa). Consequently, 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 have met the criteria under PIC 4005(1)(aa) for the purposes of clause 500.217 of Schedule 2 to the Regulations.