Gautam (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the health requirement, specifically Public Interest Criterion 4005, as stipulated by clause 485.216(1) of Schedule 2 to the *Migration Regulations 1994* (Cth).

The Tribunal determined that a hearing was not necessary, as it could find in favour of the applicant based on the material before it, pursuant to section 360(2)(a) of the *Migration Act 1958* (Cth). The Tribunal remitted the application for reconsideration with a direction that the first named applicant met the health criterion.