Hokly (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, made by an applicant who had not initially provided a completed health examination record. The primary issue before the Tribunal was whether the applicant met the requirements of Public Interest Criterion (PIC) 4005, which mandates certain medical assessments and freedom from specific diseases or conditions that could impact public health or community services.

The Tribunal was required to determine if the applicant had undertaken the specified medical assessment as required by PIC 4005(1)(aa) and if they were exempt from further assessments related to potential work in healthcare settings. The applicant was found to be within a class of persons requiring a medical assessment under IMMI 15/144 and was not exempt from assessment by a Medical Officer of the Commonwealth (MOC).

The Tribunal reasoned that the applicant had subsequently been "cleared" by an authorised MOC on 18 October 2022, thereby satisfying the requirements of PIC 4005(1)(aa). Furthermore, after reviewing the applicant's response to a questionnaire regarding additional medical assessments for those intending to work in healthcare, the Tribunal concluded that the applicant was not required to undergo such additional assessments. Consequently, the Tribunal found that the applicant now met the criteria stipulated in PIC 4005(1)(aa).

Given these findings, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant meets PIC 4005(1)(aa) for the purposes of clause 485.216 of Schedule 2 to the Migration Regulations 1994.