Wavita Vidanalage Don (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, brought before the Administrative Appeals Tribunal. The primary issue for determination was whether the visa applicant met the health criteria stipulated in Public Interest Criterion (PIC) 4005, as required for the grant of the visa.

The Tribunal was required to ascertain if the applicant had satisfied the requirements of PIC 4005(1)(aa), which mandates that applicants in a specified class undertake a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal considered evidence that the applicant and a secondary applicant had undergone the necessary medical checks on 23 February 2021, and that the Department had subsequently confirmed that all listed clients met the health requirement for a five-year stay period.

Based on the evidence presented, the Tribunal concluded that the requirements of PIC 4005(1)(aa) had been met. Consequently, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first and second named applicants be considered to meet PIC 4005(1) and clause 500.311 of Schedule 2 to the Regulations.