Goel (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, brought before the Tribunal by the applicant, Goel. The dispute centred on whether the applicant met Public Interest Criterion (PIC) 4005, which requires applicants in certain circumstances to undergo specified medical assessments and be free from diseases or conditions that could impact public health. The delegate's decision had been made without the applicant having undertaken the necessary medical examinations at that time.

The Tribunal was required to determine whether the applicant had satisfied the requirements of PIC 4005(1)(aa), which mandates that an applicant in a specified class must undertake a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal also needed to consider the broader health criteria under PIC 4005, including being free from diseases that pose a threat to public health or would likely result in significant costs to the Australian community.

The Tribunal found that the applicant was within the specified class of persons and, based on information from the Department indicating that health requirements were met on 28 June 2024, concluded that the applicant had undertaken the necessary specified medical examinations. Consequently, the Tribunal was satisfied that PIC 4005(1)(aa) had been met. Given this finding, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that for the purposes of clause 485.216(1) of Schedule 2 to the Regulations, the applicant meets PIC 4005(1)(aa).