Cardenas Cardona (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ms. Cardenas Cardona for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The dispute concerned whether Ms. Cardenas Cardona met the health criteria for this visa.

The primary legal issue before the Tribunal was to determine if Ms. Cardenas Cardona satisfied the health requirements as stipulated in the Migration Regulations 1994, particularly concerning the interpretation and application of the Integrated Client Services Environment (ICSE) records and the concept of being 'auto cleared' in relation to medical assessments.

The Tribunal, presided over by Member Nicole Burns, found that Ms. Cardenas Cardona met the health criteria, specifically PIC 4005(1) for the purposes of clause 485.216 of Schedule 2 to the Regulations. The Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had satisfied the health requirements.