Limpiado (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, reviewed by the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant met the health criteria, specifically subclause 4007(1)(aa) of the Migration Regulations 1994, which requires a medical assessment for certain applicants. The applicant initially underwent a medical assessment on 5 March 2019, which resulted in a 12-month health clearance valid until 14 March 2020. However, due to delays, this clearance expired before the delegate made a final decision on the visa application.

The Administrative Appeals Tribunal was required to determine if the applicant had satisfied the health criteria under PIC 4007, particularly whether the applicant had undertaken the necessary medical assessment as stipulated by PIC 4007(1)(aa). The delegate had refused the application because the applicant had not complied with a request for a second medical assessment made on 3 November 2020, leading to the delegate not being satisfied that PIC 4007 was met.

The Tribunal found that while the applicant did not initially comply with the request for a second medical assessment, a further medical assessment was subsequently undertaken on 22 March 2021, which resulted in a recommendation of "cleared." Based on this, the Tribunal was satisfied that PIC 4007(1)(aa) was met. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant had met the criteria under PIC 4007(1)(aa) for the Subclass 802 visa.