Leona (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) visa (Subclass 187) where the primary dispute revolved around the validity of the applicant's health examinations. The decision was made by Karen Synon, a Member of the Tribunal.

The legal issue before the Tribunal was whether the applicant met the health criteria, specifically PIC 4007, for the Subclass 187 visa, given that the initial health examinations provided were out of date. The Tribunal was required to determine if current examinations, submitted during the review process, satisfied the requirements of the Migration Regulations 1994.

The Tribunal reasoned that the applicant had provided current health examinations which addressed the concerns regarding the validity of the earlier assessments. Consequently, the Tribunal found that the applicant met the health criteria for the visa. The Tribunal remitted the application to the Minister for reconsideration, directing that the first named applicant be considered to have met the health criteria under PIC 4007 for the purposes of cl.187.224 of Schedule 2 to the Regulations.