Kalsi (Migration)

The Administrative Appeals Tribunal considered an application by Kalsi for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The dispute concerned whether Kalsi, as a subsequent entrant, met the health criteria stipulated by the Migration Regulations.

The primary legal issue before the Tribunal was whether Kalsi satisfied subclause (1)(aa) of Public Interest Criterion 4005, as required by clause 485.313 of Schedule 2 to the Migration Regulations. This criterion relates to the health requirements for visa applicants.

The Tribunal found that Kalsi had undertaken the necessary medical examination, which resulted in an "auto clear" status. Based on this, the Tribunal concluded that Kalsi satisfied PIC 4005(1)(aa). Consequently, the Tribunal remitted the application for reconsideration, directing that Kalsi meets the specified health criteria for the Subclass 485 visa.