Ceralde (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, made by the applicant, Ceralde. The dispute concerned whether the applicant met the health criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied Public Interest Criterion 4005(1) for the purposes of clause 485.216 of Schedule 2 to the Migration Regulations 1994, which relates to health requirements.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing material. Applying section 360(2)(a) of the Migration Act 1958, the Tribunal found in favour of the applicant regarding the health criteria. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified health criterion.