Andal (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, reviewed by the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant met the health criteria, specifically Public Interest Criterion (PIC) 4005, which requires applicants in certain classes to undergo medical assessments to ensure they are free from diseases or conditions that could impact public health or community services.

The Tribunal was required to determine whether the applicant had undertaken the specified medical assessment as mandated by PIC 4005(1)(aa) and IMMI15/144, and whether they were exempt from further medical assessments related to working in particular health care settings. The applicant had not initially provided a completed health examination record with their application, and the Department had not received it by the time of its decision.

The Tribunal found that the applicant had indeed undertaken a medical assessment on 1 October 2022, which was recorded as 'auto cleared' by the Department on that date. It also determined that the applicant was not a person required to undergo additional medical assessments for health care settings. Consequently, the Tribunal concluded that the applicant met PIC 4005(1)(aa) for the purposes of the visa subclass.

Given these findings, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant satisfied the health criterion under PIC 4005(1)(aa).