Wong (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, where the primary dispute revolved around whether the applicant met the health criteria stipulated in Public Interest Criterion (PIC) 4005. The applicant had initially failed to respond to a request for a medical assessment within the prescribed timeframe, leading to a delegate's decision that she had not satisfied PIC 4005 and therefore did not meet the mandatory clause 600.213. The review was conducted by Christine Kannis, a Member of the Tribunal.

The central legal issue before the Tribunal was to determine if the applicant had satisfied the requirements of PIC 4005(1)(aa), which mandates that certain classes of persons must undergo specified medical assessments unless a Medical Officer of the Commonwealth decides otherwise. This criterion, as applied to the applicant, required her to undertake a medical examination and chest x-ray, given her citizenship of Hong Kong, her age of 11 years or older, and her seeking a temporary stay in Australia of six months or more, as specified in IMMI 15/144.

The Tribunal found that the applicant had indeed undertaken a Bupa Medical Examination and a Chest X-ray on 8 January 2019. Upon seeking confirmation from the Department, the Tribunal was advised that the applicant had been auto-cleared for health on that date. Consequently, the Tribunal concluded that the requirements of PIC 4005(1)(aa) were met.

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 visa criteria. The Tribunal directed that for the purposes of clause 600.213(1) of Schedule 2 to the Regulations, the applicant meets PIC 4005(1)(aa).