Kaur (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the applicant had not initially provided evidence of a required medical assessment. The review was conducted by Member Linda Holub of the Tribunal.

The central legal issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005, which mandates that applicants, in certain circumstances, undergo specified medical assessments and be free from diseases or conditions that could pose a threat to public health or a danger to the Australian community. The applicant had failed to respond to the Department's initial request for a chest x-ray and medical examination.

The Tribunal reasoned that PIC 4005(1) requires an applicant to comply with requests for medical assessments. As the applicant had since undertaken the necessary medical checks, the Tribunal found that this requirement of PIC 4005(1) was satisfied. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met PIC 4005(1).