Khadka (Migration)

The Administrative Appeals Tribunal considered an application by Mr Khadka concerning a Subclass 485 (Temporary Graduate) visa. The applicant had sought review of a decision relating to their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, specifically in relation to clause 485.216 of Schedule 2 to the Migration Regulations 1994. The Tribunal was required to determine if the applicant satisfied the health requirements for the visa.

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. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in clause 485.216 of Schedule 2 to the Regulations.