Fernandes (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Fernandes (Migration) concerning a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on whether the applicant met the health criteria for the visa, following a medical examination.

The primary legal issue before the Tribunal was to determine if the applicant satisfied Public Interest Criterion 4005(1) as it applied to clause 485.216 of Schedule 2 to the Migration Regulations 1994. This criterion relates to the health requirements for the visa.

The Tribunal, constituted by Member Mary Sheargold, determined that a hearing was not necessary, as it could resolve the matter based on the existing material before it, pursuant to section 360(2)(a) of the Migration Act 1958. The Tribunal remitted the application for reconsideration, directing that the first named applicant meets the specified health criterion.