Dorji (Migration)

The Administrative Appeals Tribunal considered the application of Mr Dorji for a Subclass 485 (Temporary Graduate) visa. The primary dispute concerned whether Mr Dorji met the health requirement for the visa, as assessed by a Medical Officer of the Commonwealth.

The Tribunal was required to determine whether the applicant satisfied the health requirement as stipulated by Public Interest Criterion 4005(1)(aa) of the Migration Regulations 1994, in relation to his application for a Subclass 485 visa.

The Tribunal found that it was able to reach a decision in favour of the applicant without holding a hearing, pursuant to s 360(2)(a) of the Migration Act 1958. It remitted the application for reconsideration with a direction that the first applicant meets the criteria for the visa, specifically PIC 4005(1)(aa) for the purposes of cl 485.216 of Schedule 2 to the Regulations.