Chiok (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision that had refused the visa. The central dispute revolved around whether the applicant had met the health criteria stipulated by Public Interest Criterion (PIC) 4005. The case was heard by K. Chapman of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of PIC 4005(1)(aa), which mandates that applicants in a specified class undertake a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The applicant had initially not undertaken the assessment prior to the Department's refusal decision, despite a request to do so.

The Tribunal considered that PIC 4005(1)(aa) required the applicant to undertake a specified medical assessment if they belonged to a class of persons so defined by an instrument. The Tribunal found that the applicant was indeed in the specified class. Crucially, the Tribunal noted that departmental records confirmed the applicant had undertaken the required assessment on 20 May 2020, the same date the applicant advised the Tribunal of this fact. Therefore, the Tribunal concluded that the requirements of PIC 4005(1)(aa) were satisfied.

Given this finding, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that for the purposes of clause 485.216 of Schedule 2 to the Regulations, the applicant met the criteria under PIC 4005(1)(aa).