Kharunram (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, where the applicant's eligibility was challenged based on health criteria. The core dispute revolved around whether the applicant had provided sufficient evidence of a medical assessment as required by the Migration Regulations 1994 (Cth). The decision was made by Alan McMurran, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant satisfied Public Interest Criterion (PIC) 4005(1) of Schedule 4 to the Regulations, which is a mandatory health requirement for the subclass 600 visa as stipulated by cl 600.213(1) of Schedule 2. The Department had previously requested evidence of the applicant's medical examinations on two occasions, which the applicant failed to provide.

The Tribunal's reasoning focused on new information received from the Department, confirming that the applicant was "recommend cleared" for the required health information as at 31 January 2022. In light of this updated information, the Tribunal concluded that the criterion in PIC 4005(1) was met. The Tribunal found it unnecessary to hold a hearing, as it was able to determine the matter in favour of the applicant based on the available material, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration by the Department, with a direction that the applicant met PIC 4005(1) for the Subclass 600 visa.