Li (Migration)

This matter concerned an application for a Parent (Migrant) (Class AX) visa, Subclass 103, where the primary dispute revolved around whether the applicant met the health criteria, specifically Public Interest Criterion (PIC) 4005. The decision was made by the Tribunal, with Member Justin Meyer presiding.

The legal issue before the Tribunal was to determine if the applicant had satisfied PIC 4005(1)(aa), which requires individuals in a specified class to undergo a medical assessment by a specified person, unless a Medical Officer of the Commonwealth decides otherwise. The applicant, being in a class specified by the Minister, was subject to this requirement.

The Tribunal reasoned that the applicant had indeed met the health requirement based on advice received from the Department. The Department had advised that the applicant met the health requirement on 28 July 2023, providing a screenshot from the Health Assessment Portal (HAP) as evidence. Consequently, the Tribunal concluded that PIC 4005(1)(aa) was satisfied.

The Tribunal remitted the application for a Parent (Migrant) (Class AX) visa for reconsideration by the Minister, with the specific direction that the visa applicant meets the criteria under PIC 4005(1)(aa) for the purposes of clause 103.321 of Schedule 2 to the Migration Regulations 1994.