Chandra (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision concerning their eligibility for this visa, specifically in relation to the health requirement.

The primary legal issue before the Tribunal was whether the applicant met the health requirement for the Subclass 485 visa, as stipulated by the relevant regulations. The Tribunal was required to determine if the medical assessment provided by the applicant, particularly upon review, satisfied the criteria.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing material before it, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal found in favour of the applicant regarding the health requirement. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl 485.313 of Schedule 2 to the Migration Regulations 1994 (Cth).