Gurung (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), where the primary dispute revolved around whether the applicant met health criteria, specifically Public Interest Criterion (PIC) 4005. The Tribunal was tasked with reviewing the delegate's decision that the applicant had not undertaken a required medical assessment.

The central legal issue before the Tribunal was to determine whether the applicant had satisfied PIC 4005(1)(aa), which mandates that individuals in a specified class undertake a medical assessment by a specified person, unless a Medical Officer of the Commonwealth decides otherwise. This criterion is further elaborated by IMMI 15/144, which outlines the relevant classes of persons and required assessments.

The Tribunal found that the applicant belonged to the specified class of persons and, based on departmental records dated 27 August 2022, concluded that the applicant had indeed undertaken the required medical assessment and met the requirements of PIC 4005(1)(aa)(i). Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had met PIC 4005(1)(aa)(i) for the purposes of clause 485.216(1) of Schedule 2 to the Regulations.