Esisi (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate), made by an applicant who was a citizen of Nigeria. The delegate of the Minister refused to grant the visa on the basis that the applicant had not satisfied Public Interest Criterion (PIC) 4005(1)(aa)(i), which requires certain applicants to undergo specified medical assessments. The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether the applicant had undertaken the medical assessment required by PIC 4005(1)(aa)(i) in accordance with the relevant legislative instrument, IMMI 15/144, as it stood at the time of the visa application. The Tribunal also considered the impact of subsequent amendments to IMMI 15/144, which introduced additional medical testing requirements.

The Tribunal reasoned that the applicable version of IMMI 15/144 was that in effect when the visa application was made on 14 March 2021, as there was no express provision for retrospective application of later amendments. Under the relevant instrument, as Nigeria was not listed in Schedule 1, the applicant was required to undergo a medical examination, chest x-ray, and any additional assessments specified in Column E of Schedule 2. The Tribunal noted that departmental records indicated the applicant had undertaken the required medical examinations and was ‘Auto Cleared’ on 18 September 2022.

Consequently, the Tribunal was satisfied that the applicant had met the health assessment requirement under PIC 4005(1)(aa)(i). The Tribunal remitted the matter to the Department with a direction that the applicant satisfied this criterion, for assessment of the remaining criteria for the visa.