Van (Migration)

This matter concerned a review of a decision regarding an application for a Prospective Marriage (Temporary) (Class TO) visa, Subclass 300. The applicant sought to satisfy the character and health criteria for the visa.

The legal issues before the Tribunal were whether the visa applicant met Public Interest Criterion (PIC) 4001, relating to the character test, and PIC 4007, concerning health requirements. Specifically, the Tribunal had to determine if the applicant had provided a satisfactory police clearance certificate and if she had undergone the required medical assessment as a citizen of Cambodia, a Schedule A country.

The Tribunal found that the applicant had provided a criminal record bulletin from the Kingdom of Cambodia, dated 13 August 2018, which indicated no imprisonment record. Consequently, the Tribunal was satisfied that the applicant met the requirements of PIC 4001. Regarding PIC 4007, the Tribunal noted that Cambodia is listed in Schedule A of IMMI 13/161, meaning the applicant was required to undergo a medical assessment. Although the Department had requested this assessment, the Tribunal concluded that the applicant had met the health requirement for the purposes of the visa.

The Tribunal remitted the application for the Prospective Marriage (Temporary) (Class TO) visa, Subclass 300, for reconsideration by the Minister, with a direction that the visa applicant met the criteria for PIC 4001 and PIC 4007.