Le (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, made by an applicant from Vietnam who was located in Australia. The visa delegate had refused to grant the visa on the basis that the applicant did not satisfy Public Interest Criterion (PIC) 4005(1)(aa) of the Migration Regulations 1994 (Cth), as she had not provided evidence of undertaking required medical examinations within the specified timeframe. The applicant sought review of this decision by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the health requirements stipulated by PIC 4005(1)(aa), which requires certain applicants to undergo specified medical assessments. The Tribunal considered the delegate's decision, which noted the applicant was in a class of persons required to undertake medical assessments, and the applicant's failure to provide evidence of these assessments within 28 days. However, the Tribunal also noted that following the delegate's decision, the applicant had provided a booking confirmation for a medical assessment and that departmental records indicated the applicant had been "Auto Cleared" for her "Finalised Health Requirement."

The Tribunal reasoned that the "Auto Cleared" status in the Department's records was sufficient evidence that the applicant had undertaken the required medical assessments, thereby satisfying PIC 4005(1)(aa). Consequently, the Tribunal determined that it should make a decision favourable to the applicant regarding this criterion. As the delegate's refusal was solely based on the failure to meet PIC 4005(1)(aa), the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria.