Mohommed Ishak (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), by Mr. Mohommed Ishak. The Administrative Appeals Tribunal was required to determine whether the applicant met Public Interest Criterion (PIC) 4005, which mandates certain health requirements for visa applicants. The applicant, a citizen of Sri Lanka, had not initially provided evidence of undertaking a medical examination within the 12 months preceding his application.

The primary legal issue before the Tribunal was whether the applicant had satisfied PIC 4005(1)(aa), which requires individuals in specified classes to undergo a medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal considered the applicant's citizenship and the requirements of IMMI 15/144, which outlines the prescribed medical assessments based on country of citizenship. It was established that Sri Lanka was not listed in Schedule 1 of the instrument, meaning the assessments prescribed in Schedule 2 applied. Given the visa type and the applicant's age, the Tribunal found he belonged to a specified class requiring such an assessment.

The Tribunal's reasoning focused on the evidence presented regarding the applicant's compliance with the health requirement. It noted that the applicant had informed the Tribunal of a scheduled medical assessment and provided confirmation from BUPA. Crucially, departmental records confirmed that the applicant underwent the required medical assessments, which were cleared on 12 February 2024. Therefore, the Tribunal concluded that the requirements of PIC 4005(1)(aa) had been met.

Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a specific direction that the applicant had met the health requirement under PIC 4005(1)(aa) for the purposes of clause 485.216 of Schedule 2 to the Regulations.