1516208 (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse a Subclass 485 (Temporary Graduate) visa to a national of Pakistan who nominated an occupation as an Accountant (General). The visa applicant was refused on the basis that she had not undertaken a required medical assessment.

The Tribunal was required to determine whether the visa applicant met Public Interest Criterion (PIC) 4005, specifically whether she had undergone the necessary medical assessment and was free from any diseases or conditions that could impact the community. The core of the dispute revolved around the applicant's compliance with the medical examination requirements stipulated by PIC 4005 and relevant legislative instruments.

The Tribunal found that while the applicant had indicated she would undertake a medical assessment and her representative had stated it was completed, the Department of Immigration's records did not initially contain the results. However, subsequent inquiries revealed that the applicant's health case had been finalised as "Recommended cleared" on 10 December 2015, and no significant medical condition was identified from her chest X-ray on 8 December 2015. The Tribunal was satisfied that Sonic HealthPlus Canberra Clinic was an approved clinic for conducting such assessments.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant be considered to have met PIC 4005(1)(aa), (ab), and (a) for the purposes of clause 485.216 of Schedule 2 to the Regulations.