Li (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by a national of Singapore. The applicant had failed to provide the Department with evidence that she satisfied the health criteria under Public Interest Criterion (PIC) 4005. The review was conducted by the Tribunal.

The legal issue before the Tribunal was whether the applicant met PIC 4005, specifically subclause (1)(aa), which requires certain applicants to undergo a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The applicant, as a national of Singapore, was required by IMMI 15/144 to provide satisfactory evidence of having completed a medical examination.

The Tribunal found that the applicant had provided evidence of completing the required medical examinations, in the form of an email received on 13 July 2017. Therefore, the Tribunal was satisfied that the applicant met the requirements of PIC 4005(1)(aa).

Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa for reconsideration by the Minister, with the direction that the applicant meets the criteria under PIC 4005(1)(aa) for the purposes of clause 500.217 of Schedule 2 to the Regulations.