Xia (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 criteria, specifically Public Interest Criterion (PIC) 4005. The Tribunal was required to determine if the applicant was free from tuberculosis, any disease or condition that posed a threat to public health or the Australian community, or any disease or condition likely to require significant health care or community services at significant cost or prejudice access for Australian citizens or permanent residents.

The Tribunal considered the requirements of PIC 4005, which, in certain circumstances, mandates seeking the opinion of a Medical Officer of the Commonwealth (MOC) and treating that opinion as correct. While the Department's initial decision in October 2019 noted a lack of evidence of the applicant undertaking required health checks, the Tribunal noted that the applicant had since completed these checks and received an "auto clearance" on 25 May 2020.

Given the applicant had now met the health requirements, the Tribunal determined that the appropriate course 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 of Schedule 2 to the Regulations, the applicant was considered to meet PIC 4005(1)(c).