Haro Sing (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, brought before the Administrative Appeals Tribunal. The applicant sought review of a decision relating to their eligibility for the visa, specifically concerning the health criteria.

The primary legal issue before the Tribunal was whether the applicant met the health requirements for the Subclass 485 visa, as stipulated by Public Interest Criterion 4005(1) for the purposes of clause 485.216 of Schedule 2 to the Regulations. The Tribunal was required to determine if the medical examination undertaken by the applicant satisfied these criteria.

The Tribunal, exercising its discretion under section 360(2)(a) of the Migration Act 1958 (Cth), determined that a hearing was not necessary as it could find in favour of the applicant based on the existing material. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant was to be found to meet the relevant health criteria.