Liu (Migration)

This matter concerned an application for a Contributory Parent (Migration) (Class CA) Subclass 143 visa. The applicant sought review of a decision concerning their eligibility for the visa, specifically in relation to meeting health requirements. The review was conducted by the Tribunal.

The central legal issue before the Tribunal was whether the visa applicant satisfied Public Interest Criterion (PIC) 4005, which mandates that applicants, in certain circumstances, undergo medical assessments to ensure they are free from diseases or conditions that could impact the community. The applicant had initially not provided sufficient evidence of undertaking the required medical assessment.

The Tribunal noted that the Minister had requested a medical assessment. Subsequently, evidence was provided that the applicant had completed the relevant medical examination, and departmental records indicated their health requirements were "Auto cleared" as of 25 March 2019. Given that the applicant had now provided the requested documentation, the delegate was in a position to assess whether PIC 4005 was met for the purposes of clause 143.225. The Tribunal concluded that the appropriate course was to remit the application to the Minister for reconsideration of PIC 4005 and the remaining visa criteria. The Tribunal directed that the visa applicant be considered to meet PIC 4005(1)(aa) for the purposes of clause 143.225.