Kigen (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, brought before the Tribunal by the applicant. The central dispute revolved around whether the applicant had satisfied Public Interest Criterion (PIC) 4005, a health requirement stipulated for the visa.

The Tribunal was required to determine if the applicant had met the requirements of PIC 4005(1)(aa). This criterion mandates that individuals belonging to a specified class must undergo a medical assessment by a designated person, unless a Medical Officer of the Commonwealth grants an exemption. The Tribunal also needed to consider whether the applicant was free from certain diseases or conditions that could pose a risk to the community.

The Tribunal found that the applicant had provided confirmation of a medical health assessment appointment on 28 September 2018, and that their records confirmed they met the finalised health requirement on 5 November 2018. Consequently, the Tribunal concluded that the requirements of PIC 4005(1)(aa) had been satisfied.

Given these findings, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under PIC 4005(1)(aa) for the Subclass 500 visa.