Mabizela (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The applicant had been "auto cleared" for the finalised health requirement. The decision under review was made by the Tribunal, with Nicole Burns acting as Member.

The primary legal issue before the Tribunal was whether the applicant met the health requirements for the visa. This involved an interpretation of clause 4005(1) of Schedule 4 to the Migration Regulations 1994, which outlines the criteria for health clearance.

The Tribunal found that the applicant met the health requirements as stipulated in PIC 4005(1) for the purposes of cl 485.216 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant be considered to have met the specified health criteria.