GURKARAN SINGH (MIGRATION)

[2024] ARTA 138

GURKARAN SINGH (MIGRATION) [2024] ARTA 138 (4 NOVEMBER 2024)

DECISION AND  

REASONS FOR DECISION

Applicant:Mr Gurkaran Singh

Respondent:  Minister for Home Affairs

Tribunal Number:  2432378

Tribunal:General Member S Aster

Place:Melbourne

Date:  4 November 2024

Decision:The Tribunal remits the application for a Skilled (Provisional) (Class VC) visa for reconsideration, with the direction that the applicant meets PIC 4005(1)(aa) for the purposes of cl 485.216 of Schedule 2 to the Migration Regulations 1994 (Cth).

Statement made on 04 November 2024 at 12:12pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – health requirement – Medical Officer of the Commonwealth assessment – cleared health assessment provided upon review – decision under review remitted       

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 485.216; Schedule 4, Public Interest Criterion 4005

STATEMENT OF REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 20 August 2024 to refuse to grant the visa applicant a Skilled (Provisional) (Class VC) Subclass 485 visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The visa applicant applied for the visa on 19 June 2024. The delegate refused to grant the visa on the basis that the applicant did not satisfy cl 485.216 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations) because the health criteria in Public Interest Criterion (‘PIC’) 4005 of Schedule 4 to the Regulations was not met.

3. The applicant was represented in relation to the review.

4. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

5. The issue in this review is whether the visa applicant meets Public Interest Criterion (PIC) 4005 as required by the criteria for the grant of the visa. Public Interest Criterion 4005, as it applies to this case, is extracted in the attachment to this decision. It requires the applicant, in certain circumstances, to undergo medical assessment, and to be free of certain diseases or conditions that may impact on the community.

6. Public Interest Criterion 4005(1)(aa) requires that if the applicant is in a specified class of persons, he or she must undertake the specified medical assessment and be assessed by a specified person unless a Medical Officer of the Commonwealth (MOC) decides otherwise.

7. On 20 September 2024, the Tribunal wrote to the applicant to request that he provide a MOC assessment. In response, he advised that he attended an assessment on 25 September 2024. Departmental records report that the applicant was cleared of the health requirement as of 26 September 2024.

8. For these reasons the requirements in PIC 4005(1)(aa) are met.

9. Given the findings above, the appropriate course is for the Tribunal to remit the matter to the Minister for reconsideration of the remaining criteria for the visa.

   DECISION

10. The Tribunal remits the application for a Skilled (Provisional) (Class VC) visa for reconsideration, with the direction that the applicant meets PIC 4005(1)(aa) for the purposes of cl 485.216 of Schedule 2 to the Migration Regulations 1994 (Cth).

    Representative for the Applicant:           Mr Jujhar Bajwa (MARN: 0742209)