Thu (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, brought before the Tribunal by the applicant. The dispute centred on whether the applicant met Public Interest Criterion (PIC) 4005, a requirement for the visa grant. The delegate had previously refused the visa on the basis that the applicant had not completed a required health examination, and therefore did not satisfy PIC 4005(1)(aa)(i).

The Tribunal was required to determine whether the applicant had satisfied the health requirements stipulated by PIC 4005(1)(aa) of the Migration Regulations 1994. Specifically, the issue was whether the applicant had undertaken the necessary medical assessment as required for a person in their specified class, or if a Medical Officer of the Commonwealth had decided otherwise.

The Tribunal found that the applicant had, in fact, finalised his health requirements on 7 August 2024, with the outcome recorded as ‘Auto-cleared’. Based on this evidence, the Tribunal concluded that the requirements of PIC 4005(1)(aa) were met. As a result, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant satisfied PIC 4005(1)(aa) for the purposes of clause 500.217 of Schedule 2 to the Regulations.