Mueang In (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, where the applicant's eligibility was challenged based on health criteria. The dispute arose because the delegate initially decided that the applicant had not provided the required evidence of a medical assessment to satisfy a criterion under the Migration Regulations 1994 (Cth). The case was heard by Alan McMurran, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005(1) of Schedule 4 to the Regulations, as stipulated by cl 600.213(1) of Schedule 2. This criterion requires applicants to meet specified health requirements. The Department had previously requested evidence of the applicant's medical examinations on two occasions, which the applicant failed to provide.

The Tribunal's reasoning focused on new information received from the Department on 31 January 2022, confirming that the applicant was "recommend cleared" for the required health information as at that date. Based on this updated information, the Tribunal was satisfied that PIC 4005(1) was met. The Tribunal concluded that a hearing was not necessary, as it could find in favour of the applicant based on the available material, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth).

Consequently, the Tribunal remitted the application for reconsideration by the Department, with a specific direction that the applicant meets PIC 4005(1) of cl 600.213(1) of Schedule 2 to the Regulations.