Nguyen (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Visitor), before the Tribunal. The central dispute revolved around whether the applicant met the health requirements stipulated by Public Interest Criterion (PIC) 4005, which mandates that applicants be free from certain diseases or conditions that could impact the community. The delegate had initially refused the visa on the grounds that the applicant had failed to provide a required chest x-ray and medical assessment by the decision date.

The Tribunal was required to determine if the applicant had satisfied PIC 4005(1)(aa), which obliges certain classes of persons to undergo specified medical assessments unless a Medical Officer of the Commonwealth (MOC) decides otherwise. The applicant, being a citizen of Vietnam and seeking a temporary stay of six months or more, fell into a class requiring a medical examination and chest x-ray. The Tribunal also considered whether a MOC opinion was necessary and, if so, whether it had been obtained.

The Tribunal found that, despite the initial failure to provide the assessments by the delegate's decision date, evidence before it indicated that the applicant had subsequently undertaken the relevant assessments. Crucially, a MOC had, on 13 February 2019, found that the applicant met the health requirement. Therefore, the Tribunal concluded that the requirements of PIC 4005(1)(aa) were met.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa to the Minister for reconsideration of the remaining criteria, with a direction that the applicant satisfied PIC 4005(1) for the purposes of clause 600.213 of Schedule 2 to the Regulations.