Davaluri (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 concerning their eligibility for the visa. The dispute centred on whether the applicant had met the requirements of Public Interest Criterion (PIC) 4005, which mandates medical assessments under certain circumstances. The decision was made by a Member of the Tribunal, Antonio Dronjic.

The primary legal issue before the Tribunal was whether the applicant had satisfied Public Interest Criterion (PIC) 4005(1)(aa) of the Migration Regulations 1994. This criterion requires individuals in a specified class to undertake a medical assessment by a specified person, unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal also considered whether the applicant had complied with a request to undergo a medical assessment, as stipulated by PIC 4005(1)(ab).

The Tribunal reasoned that while the applicant had initially failed to respond to a request for medical examinations made on 28 December 2016, they had subsequently undertaken a medical examination in accordance with departmental policy. The results of this examination were reported on the department's database on 27 September 2018. Consequently, the Tribunal found that the applicant met the requirements of PIC 4005(1)(aa). 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, with a direction that the applicant had met PIC 4005(1)(aa).