Samuels (Migration)

This matter concerned an application for review by a 48-year-old South African citizen of a decision not to grant her a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant had been requested in writing on multiple occasions between July 2022 and June 2023 to undergo a health examination but failed to do so. The Tribunal had before it the Department's file, various documents provided by the applicant including old medical reports and reference letters, and a fact sheet from an insurer.

The primary legal issue before the Tribunal was whether the applicant had satisfied the health criteria, specifically Paragraph 4005 (PIC 4005), of the Migration Regulations 1994 for the Subclass 187 visa. This required the Tribunal to determine if the applicant had complied with the mandatory health assessment requirements as specified in the relevant legislative instrument, IMMI 15/144, which mandated a medical examination, chest x-ray, and HIV test for applicants from countries not listed in Schedule 1 of the instrument.

The Tribunal reasoned that the applicant, as a citizen of South Africa applying for a permanent visa, was required by IMMI 15/144 to undergo the specified medical assessments. It found no evidence that a Medical Officer of the Commonwealth had decided otherwise. Despite receiving various documents from the applicant, including some dated from 2018 and a referral for a medical examination from June 2018, the Tribunal noted that the applicant had failed to undertake the required health examinations after being formally requested to do so on four separate occasions in 2022 and 2023. The Tribunal concluded that the applicant had not met the health criteria for the visa.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant the visa, as the requirements for the Subclass 187 visa in the Direct Entry stream had not been met.