Mangubat (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by Mr. Mangubat. The central dispute concerned whether Mr. Mangubat had satisfied the health criteria for the visa, specifically the requirement for a "finalised health requirement" and whether he was "auto cleared."

The Tribunal was required to determine if the medical assessment provided by Mr. Mangubat constituted a finalised health requirement for the purposes of the visa application. It also needed to consider the implications of the applicant being "auto cleared" in relation to these health criteria.

The Tribunal found that it was able to determine the matter in favour of the applicant based on the material before it, without the need for a hearing, pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). The Tribunal remitted the application for reconsideration with a direction that Mr. Mangubat met the health criteria as specified in PIC 4005(1) of Schedule 2 to the *Migration Regulations 1994* (Cth).