Lamichhane (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Mr. Lamichhane. The dispute concerned whether the applicant met the health criteria stipulated by clause 485.216 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if Mr. Lamichhane satisfied clause 485.216, which mandates that an applicant must undertake any specified medical assessment and be assessed by the specified person, as outlined in a Minister's written instrument, in accordance with Public Interest Criterion 4005(1). The Tribunal also considered whether the applicant met various other public interest criteria, including 4001, 4002, 4003, 4003B, 4004, 4005, 4010, 4020, and 4021.

The Tribunal found that departmental records indicated the applicant had finalised his health requirements on 28 February 2024. Based on this evidence, the Tribunal concluded that the applicant satisfied clause 485.216. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the health criteria under clause 485.216.