Ou (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student), brought before the Tribunal by the applicant. The core of the dispute revolved around whether the applicant met Public Interest Criterion (PIC) 4005, a health requirement for the visa. The delegate had initially refused the visa on the grounds that the applicant had not provided evidence of completing a required health examination, thus failing to satisfy PIC 4005(1)(a)(i) and clause 500.217 of Schedule 2 to the Regulations.

The Tribunal was required to determine whether the applicant had satisfied PIC 4005, specifically in relation to undertaking the specified medical assessment. The applicant’s case was that their health requirements had been finalised with an outcome recorded as ‘Auto Cleared’ in the Department’s records. The Tribunal considered the evidence before it, including the Department's records indicating the 'Auto Cleared' status, and concluded that the applicant had indeed undertaken the necessary medical tests.

The Tribunal reasoned that, based on the evidence of the 'Auto Cleared' status, the applicant now met the requirement of PIC 4005(1) for the purposes of clause 500.217. As a result, the Tribunal found it appropriate to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that for the purposes of the reconsideration, the applicant was to be considered as meeting PIC 4005(1) for the Subclass 500 (Student) visa.