Moturi (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision concerning their eligibility for this visa, specifically in relation to meeting health criteria.

The primary legal issue before the Tribunal was whether the applicant had satisfied the health requirements for the visa, specifically Public Interest Criterion 4005, as stipulated by clause 485.216(1) of Schedule 2 to the Migration Regulations. The applicant had not provided evidence of the required medical assessment with their initial visa application.

The Tribunal determined that a hearing was not necessary as it could find in favour of the applicant based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant be found to meet the relevant health criteria.