Huynh (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The applicant had been "auto cleared" for the finalised health requirement. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the health requirements for the visa, as stipulated by the Migration Regulations 1994, particularly clause 4005(1) of Schedule 4.

The Tribunal, constituted by Member Nicole Burns, found that the applicant met the health criteria. Consequently, the Tribunal remitted the application for reconsideration of the remaining visa criteria, with a specific direction that the applicant satisfied PIC 4005(1) for the purposes of cl 485.216 of Schedule 2 to the Regulations.