Chong (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant, Chong, sought review of a delegate's decision that found the applicant had not met the health criteria, specifically Public Interest Criterion (PIC) 4005.

The primary legal issue before the Tribunal was whether the applicant had satisfied PIC 4005(1)(aa)(i), which requires certain applicants to undertake a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal was satisfied that the applicant belonged to the relevant class of persons and that departmental records indicated the required medical assessment had been undertaken on 18 August 2022, meeting the criterion.

The Tribunal reasoned that the evidence presented demonstrated compliance with PIC 4005(1)(aa)(i). Having found this criterion to be met, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that for the purposes of clause 485.216(1) of Schedule 2 to the Regulations, the applicant meets PIC 4005(1)(aa)(i).