Yamazaki (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision by the Minister to refuse a Subclass 802 (Child) visa. The applicant sought review of the delegate's decision, which was based on the applicant's failure to provide evidence of undertaking a required medical examination within the specified timeframe. The Tribunal was asked to determine whether the applicant met Public Interest Criterion (PIC) 4007, specifically PIC 4007(1)(aa), which mandates a medical assessment for certain visa applicants.

The Tribunal was required to determine if the applicant had satisfied the requirement to undertake a medical assessment as stipulated by PIC 4007(1)(aa). This criterion requires applicants in a specified class to undergo a medical assessment by a specified person, unless a Medical Officer of the Commonwealth decides otherwise. The refusal decision was made on the basis that the applicant had not provided evidence of undertaking this examination.

The Tribunal found that the applicant had, in fact, met the requirements of PIC 4007(1)(aa). This conclusion was reached after the Tribunal reviewed departmental records which indicated that, as of 27 January 2020, the applicant's health requirement was recorded as 'finalised'. Despite the Department's subsequent requests for further documentation and the delegate's refusal on 12 January 2021 due to a lack of evidence of the medical examination, the Tribunal considered the earlier 'finalised' status to be determinative of this specific criterion. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant had met PIC 4007(1)(aa) and that the Minister should proceed to consider the remaining criteria for the visa.