Devina (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Devina's application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The core dispute revolved around whether Devina met the health criteria, particularly Public Interest Criterion (PIC) 4005, as required for the visa.

The Tribunal was tasked with determining two primary legal issues: first, whether Devina had undertaken the required medical assessment as stipulated by PIC 4005(1)(aa); and second, whether Devina was free from diseases or conditions that could pose a threat to public health or result in significant costs to the Australian community, as outlined in PIC 4005(1)(a), (b), and (c). The Tribunal also considered the application of Regulation 2.25A, which governs when a Medical Officer of the Commonwealth's (MOC) opinion is required and must be accepted as correct.

The Tribunal found that, based on new information provided on 11 June 2019, a MOC had confirmed that Devina met the health requirement. Consequently, the Tribunal concluded that PIC 4005(1)(aa) was satisfied. While the original delegate's decision noted a lack of evidence of a medical assessment, the subsequent MOC opinion addressed this deficiency. The Tribunal also noted that for temporary visas specified in Legislative Instrument IMMI 15/144, certain health care and community service costs are excluded from consideration under PIC 4005(3).

Given these findings, the Tribunal remitted Devina's application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister. The remittal was made with the direction that Devina met the criteria under PIC 4005(1)(aa) for the purposes of clause 485.216 of Schedule 2 to the Regulations.