Yonghang (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, brought before the Tribunal. The central dispute revolved around whether the applicant met the health criteria, specifically Public Interest Criterion (PIC) 4005, as required for the visa grant.

The Tribunal was required to determine if the applicant had satisfied PIC 4005(1)(aa), which mandates that individuals in a specified class undertake a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The applicant fell within the relevant class of persons as defined by IMMI 15/144.

The Tribunal found that the requirements of PIC 4005(1)(aa) were met because the Department's records indicated that the applicant had undertaken the specified medical test on 22 April 2024. Consequently, the Tribunal concluded that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had satisfied PIC 4005(1)(aa) for the purposes of the Subclass 408 visa.