Hoang (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The applicant, Hoang, sought to have the decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005, specifically subclause (1)(aa), which requires certain applicants to undergo a specified medical assessment. The Tribunal was also required to consider the remaining criteria for the visa grant.

The Tribunal found that the applicant was within the specified class of persons requiring a medical assessment under PIC 4005(1)(aa). Evidence from Departmental records indicated that the applicant had successfully completed a Bupa Visa Medical examination on 18 June 2024. Consequently, the Tribunal was satisfied that the requirements of PIC 4005(1)(aa) were met.

Given that one of the visa criteria had been satisfied, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining criteria for the grant of the Subclass 485 visa. The Tribunal directed that the applicant be considered to have met PIC 4005(1)(aa).