Dangalle (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, brought before the Tribunal by the applicant, Dangalle. The central dispute revolved around whether the applicant had met the health criteria, specifically Public Interest Criterion (PIC) 4005, as required for the visa grant. The delegate had initially found that the applicant had not undertaken a required medical assessment.

The Tribunal was required to determine whether the applicant had satisfied PIC 4005(1)(aa)(i), which mandates that applicants in a specified class undertake a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. This requirement is further detailed in IMMI 15/144, which outlines the relevant classes of persons and the necessary assessments.

The Tribunal found that the applicant belonged to the relevant class of persons and that departmental records from 18 July 2022 indicated the applicant had indeed undertaken the required medical assessment and met the criteria under PIC 4005(1)(aa)(i). Consequently, the Tribunal concluded that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had satisfied PIC 4005(1)(aa)(i).