Viaje (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the primary issue was whether the applicant met the health requirement stipulated by Public Interest Criterion (PIC) 4005. The applicant, a national of the Philippines, had initially failed to provide evidence of a required medical assessment.

The Tribunal was required to determine whether the applicant had satisfied PIC 4005(1)(aa), which mandates that individuals from specified classes undertake a medical assessment by a specified person unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal also considered whether the applicant had complied with any requests from a Medical Officer of the Commonwealth to undertake a medical assessment, as per PIC 4005(1)(ab).

The Tribunal found that the applicant was a person from the Philippines, falling within the specified class under IMMI 15/144. It was satisfied that the applicant had undertaken the required medical assessment, as confirmed by her representative's advice of a booked assessment and departmental records indicating she was "recommended cleared" for health criteria. Consequently, the Tribunal concluded that PIC 4005(1)(aa) had been met.

Given this finding, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had met PIC 4005(1)(aa) for the purposes of clause 600.213(1) of Schedule 2 to the Regulations.