K C Gharti Chhetri (Migration)

The Administrative Appeals Tribunal considered an application by K C Gharti Chhetri for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The dispute concerned whether the applicant met the health criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the health requirements as stipulated by the Migration Regulations. Specifically, the Tribunal was required to determine if the applicant met the criteria under PIC 4005(1) of Schedule 2 to the Regulations.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable decision for the applicant based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the first named applicant meets the health criteria under PIC 4005(1) of Schedule 2 to the Regulations.