Malhotra (Migration)

This matter concerned an application for a Contributory Parent (Migrant) (Class CA) visa, Subclass 143. The dispute before the Tribunal was whether the applicant had met the health criteria, specifically Public Interest Criterion (PIC) 4005(1)(aa), which requires undertaking a specified medical assessment.

The legal issue before the Tribunal was to determine if the applicant had satisfied PIC 4005(1)(aa) of the Migration Regulations 1994. This criterion mandates that applicants within a specified class must undergo a medical assessment by a designated person, unless a Medical Officer of the Commonwealth decides otherwise. The applicant had applied for the visa in 2016, and at that time, the Department had requested evidence of the medical assessment, which was not initially provided.

The Tribunal reasoned that while the applicant had not initially provided the required evidence, they had subsequently submitted a receipt from Bupa Medical Visa Services dated 12 April 2023, indicating payment for the assessment. Furthermore, a check of departmental records confirmed that the applicant's health check had been finalised. Based on this evidence, the Tribunal concluded that the requirements of PIC 4005(1)(aa) had been met. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had satisfied PIC 4005(1)(aa).