Ghimire (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an appeal by Mr Ghimire (the applicant) concerning a decision relating to his application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The core of the dispute revolved around the applicant's compliance with the health requirements stipulated by the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had met the health requirements for the visa, particularly in light of the applicant being "auto cleared" for the "finalised health requirement". This involved an examination of the provisions within Schedule 4 of the Migration Regulations 1994, specifically clause 4005(1), which outlines the conditions relating to freedom from tuberculosis, threats to public health, and conditions that may result in significant costs or prejudice access to health care services.

The Tribunal found that the applicant met the health criteria, specifically PIC 4005(1) for the purposes of cl 485.216 of Schedule 2 to the Regulations. Given this finding, the Tribunal determined that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining criteria for the grant of the Subclass 485 visa. The Tribunal directed that the applicant be considered to meet the health criteria for the visa.