Alarcos (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, by an applicant who is a citizen of the Philippines. The Administrative Appeals Tribunal was required to determine whether the applicant met Public Interest Criterion (PIC) 4005, specifically PIC 4005(1)(aa), which mandates medical assessments for certain visa applicants.

The primary legal issue before the Tribunal was whether the applicant had undertaken the required medical assessment as stipulated by PIC 4005(1)(aa) and the relevant ministerial instrument, IMMI 15/144. This criterion requires individuals in specified classes to undergo medical assessments unless a Medical Officer of the Commonwealth determines otherwise. The Tribunal also considered whether the applicant was a member of a specified class of persons for whom such an assessment was mandatory.

The Tribunal reasoned that although the applicant's country of citizenship, the Philippines, was not listed in Schedule 1 of IMMI 15/144, the medical assessments prescribed in Schedule 2 applied. The Tribunal was satisfied that the applicant, being over 15 and applying for a provisional visa, fell within a specified class requiring assessment. Crucially, departmental records confirmed that the applicant had undergone the necessary medical assessments and that these were cleared on 4 July 2024, thereby satisfying the requirements of PIC 4005(1)(aa).

Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had met PIC 4005(1)(aa) for the purposes of the Subclass 485 visa.