Kaler (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by an individual seeking a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The core of the dispute revolved around whether the applicant had met the health requirements for this visa subclass. The AAT, constituted by Member Nicole Burns, was tasked with reviewing the decision concerning the applicant's eligibility.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the health criteria as stipulated in the Migration Regulations 1994, particularly concerning PIC 4005(1) as it applied to clause 485.216 of Schedule 2. This involved assessing whether the applicant was free from conditions that could pose a threat to public health or result in significant costs to the Australian community, and whether any specific medical assessments or undertakings were required and had been provided or waived.

The Tribunal found that the applicant had been "auto cleared" for the finalised health requirement. Based on this finding, the Tribunal reasoned that the applicant met the relevant health criteria for the visa. Consequently, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had satisfied the health requirements under PIC 4005(1) for the purposes of cl 485.216.