Kumar (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate) visa, by Mr. Kumar. The applicant sought review of a decision made by the Department of Home Affairs. The primary issue before the Tribunal was whether the applicant had satisfied the health criteria for the visa.

The Tribunal was required to determine if the applicant had provided sufficient evidence of the required medical examinations to the Department, and whether the Department's records, which indicated the applicant had been "auto-cleared" on health grounds, accurately reflected the applicant's compliance with the health criteria. The Tribunal also considered whether a decision had been made without affording the applicant a proper opportunity to be heard on the health requirements.

The Tribunal found that there was no evidence that the applicant had provided the required medical examinations to the Department. However, it also noted that the Department's records indicated the applicant had been auto-cleared, suggesting a potential procedural irregularity. Given these findings, the Tribunal determined that the matter should be remitted to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant be taken to meet the health criterion under PIC 4005(1) for the purposes of clause 485.216 of Schedule 2 to the Migration Regulations 1994.