Kumar (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the primary issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005. The delegate had refused the visa on the basis that the applicant had not undertaken the required medical assessment within the specified timeframe, thus failing to satisfy PIC 4005, which is a mandatory requirement for the visa subclass.

The Tribunal was required to determine whether the applicant had satisfied the health requirements stipulated by PIC 4005. Specifically, the Tribunal needed to consider whether the applicant had undertaken the necessary medical assessment as requested by the Department, and if so, whether this assessment cleared the health requirements. PIC 4005(1)(aa) mandates that certain classes of persons must undergo specified medical assessments unless a Medical Officer of the Commonwealth decides otherwise.

The Tribunal found that while the applicant had not initially complied with the request for a medical assessment, evidence later emerged indicating that the required examination was undertaken on 31 January 2018, and the Department's records confirmed that the health requirement was cleared on that date. Based on this evidence, the Tribunal concluded that the applicant met the health requirements under PIC 4005. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant satisfied PIC 4005 for the purposes of clause 600.213 of Schedule 2 to the Regulations.