Madaminov (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Mr. Madaminov, a citizen of Russia. The central dispute concerned whether the applicant had satisfied Public Interest Criterion (PIC) 4005(1)(aa) of the Migration Regulations 1994, which mandates specific medical assessments for certain visa applicants unless a Medical Officer of the Commonwealth determines otherwise.

The Tribunal was required to determine if Mr. Madaminov, as an applicant for a temporary visa intended to remain in Australia for six months or more, had undertaken the specified medical assessment by a specified person as required by PIC 4005(1)(aa). The Tribunal noted that the applicant had undergone a medical assessment with BUPA Medical Visa Services and received an "auto clearance."

The Tribunal reasoned that the applicant had satisfied the requirements of PIC 4005(1)(aa) by undertaking the specified medical assessment with a specified person, as evidenced by the "auto clearance." Having found that this criterion was met, the Tribunal concluded that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the applicant meets PIC 4005(1)(aa) for the purposes of clause 485.216 of Schedule 2 to the Regulations.