Ghouse Ali Khan (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The applicant had been "auto cleared" for the finalised health requirement. The decision under review was made by the Administrative Appeals Tribunal, with Member Nicole Burns presiding.

The primary legal issue before the Tribunal was to determine whether the applicant met the health requirements for the visa, particularly in light of the "auto cleared" status for the finalised health requirement. The Tribunal was required to consider the provisions of clause 4005(1) of Schedule 4 to the Migration Regulations 1994, which outlines various health criteria, including being free from tuberculosis and diseases that pose a threat to public health or could result in significant costs to the Australian community.

The Tribunal reasoned that given the applicant was "auto cleared" for the finalised health requirement, this satisfied a specific criterion for the visa. Consequently, the Tribunal determined that the applicant met the health criteria as stipulated by PIC 4005(1) for the purposes of cl 485.216 of Schedule 2 to the Regulations.

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with the specific direction that the applicant meets the health criteria. The reconsideration was to focus on the remaining criteria for the visa.