Dahal (Migration)

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

The primary legal issue before the Tribunal was to determine whether Mr. Dahal satisfied the health requirements as stipulated by the relevant regulations for a Subclass 485 visa.

The Tribunal found that it was able to determine the matter in favour of the applicant without a hearing, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal remitted the application for reconsideration with a direction that Mr. Dahal met the criteria under cl 485.216 of Schedule 2 to the Migration Regulations 1994 (Cth).