1829916 (Migration)

This matter concerned an application for a Temporary Graduate (Post-Study Work) (subclass 485) visa. The applicant, a Chinese national, had applied for the visa in Australia. The delegate refused to grant the visa on the basis that the applicant did not satisfy the health criterion in Public Interest Criterion (PIC) 4005, specifically that they had not undertaken a required medical assessment. The applicant subsequently provided further submissions and evidence to the Tribunal.

The Tribunal was required to determine whether the applicant had met the requirements of PIC 4005, particularly PIC 4005(1)(aa), which mandates that applicants in a specified class undertake a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The applicant argued that they had indeed undergone the necessary medical assessments in Australia with Bupa Medical Visa Services, and that the Department had confirmed these assessments were completed and no further action was required.

The Tribunal found that the applicant had provided evidence of attending Bupa Medical Visa Services for medical examinations and chest x-rays on two separate occasions. Furthermore, the Tribunal noted that the Department had confirmed the applicant had completed the health assessment and that their IMMI account indicated "Health clearance provided-no action required." Based on this evidence, the Tribunal concluded that the applicant met PIC 4005(1)(aa).

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with a direction that the applicant meets PIC 4005(1)(aa) for the purposes of cl.485.216 of Schedule 2 to the Regulations.