KASHIF (Migration)

This matter concerned an application for Skilled (Provisional) (Class VC) visas, specifically Subclass 485 (Temporary Graduate) visas, by the applicants, identified as Kashif and members of his family unit. The central dispute revolved around whether the applicants met Public Interest Criterion (PIC) 4005, which mandates medical assessments and freedom from certain diseases or conditions that could impact public health. The decision was made by the Tribunal, presided over by Member Peter Katsambanis.

The primary legal issue before the Tribunal was to determine if the applicants had satisfied PIC 4005(1)(aa) of the Migration Regulations 1994. This criterion requires applicants within a specified class to undergo a medical assessment by a designated person, unless a Medical Officer of the Commonwealth decides otherwise. The applicants had not initially arranged or undertaken these medical assessments prior to the delegate's decision.

The Tribunal reasoned that while the applicants had not met the medical assessment requirement at the time of their application or the delegate's decision, subsequent evidence provided by the Department indicated that the applicants had completed their health examinations and were "auto-cleared." Specifically, the first applicant was auto-cleared on 18 September 2023, and the second and third applicants were auto-cleared on 28 September 2023. Based on this evidence, the Tribunal concluded that PIC 4005(1)(aa) had been met.

Consequently, the Tribunal remitted the application for Skilled (Provisional) (Class VC) visas for reconsideration by the Minister. The remittal was made with the direction that the applicants were to be considered as having met PIC 4005(1)(aa) for the purposes of clause 485.216 of Schedule 2 to the Regulations, allowing for the assessment of the remaining visa criteria.