Baral (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), made by an applicant who had undergone a medical assessment. The central dispute concerned whether the applicant satisfied the health criteria stipulated by clause 485.216 of Schedule 2 to the relevant regulations.

The Tribunal was required to determine if the applicant met the requirements of clause 485.216(1), which mandates that an applicant, if falling within a class of persons specified by the Minister, must undertake any specified medical assessment and be assessed by the specified person. The Tribunal also noted that the applicant satisfied a range of public interest criteria, including PIC 4005(1).

The Tribunal found that the applicant had satisfied clause 485.216, noting that departmental records indicated the applicant had finalised their health requirements on 19 March 2024. Consequently, the Tribunal concluded that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria, with a direction that the applicant meets clause 485.216.