Bhandari (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), by Mr Bhandari. The central dispute revolved around whether Mr Bhandari met Public Interest Criterion (PIC) 4005, which relates to health requirements. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the decision concerning Mr Bhandari's eligibility for the visa.

The primary legal issue before the Tribunal was to determine if Mr Bhandari satisfied PIC 4005. This criterion requires applicants, in certain circumstances, to undergo specified medical assessments and be free from diseases or conditions that could pose a threat to public health or prejudice access to community services in Australia. The Tribunal also considered the specific classes of persons and medical assessments mandated by relevant legislative instruments, including IMMI 15/144 as amended by LIN 22/065.

The Tribunal's reasoning focused on the specific requirements of PIC 4005 and the evidence presented. It noted that Mr Bhandari, as a citizen of Nepal, was subject to certain medical assessment requirements under Schedule 2 of IMMI 15/144, which typically involves a medical examination and chest x-ray for temporary visa applicants aged 11 or older. The Tribunal also considered whether Mr Bhandari fell into any categories requiring additional tests under Schedule 3, such as intending to work in specific health or childcare roles. Mr Bhandari confirmed he did not fall into these additional testing categories.

Ultimately, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that for the purposes of clause 485.216 of Schedule 2 to the Regulations, Mr Bhandari met PIC 4005.