Ho (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, brought before the Tribunal. The central dispute revolved around whether the applicant met Public Interest Criterion (PIC) 4005, which mandates certain health assessments and requires applicants to be free from diseases or conditions that could impact the community.

The Tribunal was required to determine if the applicant had undertaken the necessary medical assessment as stipulated by PIC 4005(1)(aa). This involved considering the applicant's citizenship, the relevant legislative instrument (IMMI 15/144), and whether the applicant fell within a specified class of persons requiring such an assessment. The Tribunal also needed to ascertain if any decision had been made by a Medical Officer of the Commonwealth to exempt the applicant from this requirement.

The Tribunal found that the applicant, a citizen of Vietnam, was indeed a member of a specified class of persons requiring a medical assessment under IMMI 15/144. Despite the applicant not having undertaken an Australian visa health examination in the 12 months prior to application, the Tribunal was satisfied that the applicant subsequently underwent the required medical assessments, which were cleared on 8 July 2024. As a result, the Tribunal concluded that the requirements of PIC 4005(1)(aa) were 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 PIC 4005(1)(aa).