Han (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, by an applicant who is a citizen of China. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met Public Interest Criterion (PIC) 4005, specifically PIC 4005(1)(aa), which mandates certain medical assessments for applicants in specified classes.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement to undertake a specified medical assessment under PIC 4005(1)(aa). This criterion requires individuals in certain classes to undergo a medical assessment by a specified person, unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal considered the relevant legislative instrument, IMMI 15/144, which outlines the prescribed medical assessments based on the applicant's country of citizenship and visa subclass.

The Tribunal reasoned that although China was not listed in Schedule 1 of IMMI 15/144, Schedule 2 prescribed the medical assessments for citizens of countries not listed in Schedule 1. As the applicant was over 15 years of age and applying for a provisional visa, the Tribunal was satisfied that the applicant fell within a specified class under column D of Schedule 2. Crucially, departmental records confirmed that the applicant had undergone the required medical assessments and that these assessments were cleared on 9 July 2024, after the applicant had scheduled and attended the examination. Therefore, the Tribunal concluded that the requirements of PIC 4005(1)(aa) had been met.

Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had met the requirements of PIC 4005(1)(aa) for the purposes of clause 485.216 of Schedule 2 to the Regulations.