Nakarmi (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Temporary Skill Shortage (TSS) visa (subclass 482). The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issues before the Tribunal were whether the applicant met the English language proficiency requirements as stipulated by IMMI 18/032, and whether they satisfied the health criteria, specifically in relation to a medical assessment.

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 s 360(2)(a) of the *Migration Act 1958* (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in cl 482.232 of Schedule 2 to the *Migration Regulations 1994* (Cth) and Public Interest Criterion 4007 for the purposes of cl.482.217(1) of Schedule 2 to the Regulations.