Agnihotri (Migration)

The Administrative Appeals Tribunal considered the application of Mr. Agnihotri for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The delegate of the Minister refused to grant the visa on the basis that Mr. Agnihotri had not satisfied Public Interest Criterion (PIC) 4005(1)(aa)(i), which requires certain applicants to undergo specified medical assessments. The core of the dispute was whether Mr. Agnihotri had undertaken the necessary medical assessment as mandated by the relevant legislative instrument.

The Tribunal was required to determine whether Mr. Agnihotri had undertaken the medical assessment required by PIC 4005(1)(aa)(i). This involved considering the applicable version of the relevant legislative instrument, IMMI 15/144, and its amendments, particularly in relation to the commencement dates of those amendments and their retrospective application. The Tribunal also needed to ascertain the specific medical assessments required for a temporary visa applicant of Mr. Agnihotri's circumstances, given his citizenship and the country from which he was applying.

The Tribunal reasoned that amendments to IMMI 15/144, which introduced additional medical testing requirements, were not intended to apply retrospectively to visa applications made before their commencement. Therefore, the applicable version of IMMI 15/144 was the one in effect at the time of Mr. Agnihotri's visa application on 3 March 2022. At that time, as a citizen of India, which was not listed in Schedule 1 of the instrument, Mr. Agnihotri was required by Schedule 2 to undergo a medical examination, chest x-ray, and any additional assessments specified in Column E. The Tribunal concluded that the delegate had erred in not being satisfied that Mr. Agnihotri met the requirements of PIC 4005(1)(aa)(i).

Consequently, the Tribunal remitted the application for reconsideration by the Department with a direction that Mr. Agnihotri satisfied PIC 4005(1)(aa)(i). Upon remittal, the Department was to assess whether Mr. Agnihotri met the remaining criteria for the grant of the Subclass 485 visa.