G C (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by GC (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.

The primary legal issue before the Tribunal was to determine if the applicant satisfied Public Interest Criterion 4005(1) for the purposes of clause 485.216 of Schedule 2 to the Migration Regulations 1994, in relation to the health requirements for the visa.

The Tribunal, exercising its powers under s 360(2)(a) of the Migration Act 1958, found that a hearing was not necessary as it could determine the matter based on the existing material. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified health criterion.