Sng (Migration)

This matter concerned an application for review by a visa applicant against a decision to refuse their Subclass 188 (Business Innovation and Investment (Provisional)) visa. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met Public Interest Criterion (PIC) 4005, which mandates specific medical assessments for certain visa applicants to ensure they are free from diseases or conditions that could pose a threat to public health or community services in Australia. The initial refusal was based on the applicant's failure to provide evidence of the requisite medical assessment within the specified timeframe.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of PIC 4005(1)(aa) in relation to the medical assessment. This criterion requires applicants in a specified class to undertake a medical assessment by a specified person, unless a Medical Officer of the Commonwealth decides otherwise. The applicant had been requested to undertake this assessment on 28 September 2020 but failed to do so within the required period, reportedly due to a cancelled appointment caused by COVID-19 lockdowns.

The Tribunal found that the applicant had subsequently attended a visa medical assessment on 20 March 2021, and departmental records confirmed that the applicant had been assessed as meeting this requirement. Therefore, the Tribunal concluded that the applicant had satisfied PIC 4005(1)(aa) for the purposes of clause 188.255(1) of the Regulations. Given this finding, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the applicant meets the specified medical assessment criterion.