Jermia (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 Tribunal, with Nicole Burns Member presiding.

The core 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. This involved assessing whether the applicant was free from diseases or conditions that could pose a threat to public health in Australia, or that might result in significant costs or prejudice access to health and community services for Australian citizens and permanent residents.

The Tribunal reasoned that the applicant had met the health criteria. Given this finding, the Tribunal determined that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal therefore remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration, with the direction that the applicant meets the health criteria under PIC 4005(1) for the purposes of cl 485.216 of Schedule 2 to the Regulations.