Ng (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), brought before the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant met the health requirement stipulated by Public Interest Criterion (PIC) 4005. The applicant had undergone medical examinations, and an initial opinion from the Medical Officer of the Commonwealth (MOC) dated 4 September 2018 concluded that the applicant did not meet the health requirement.

The Tribunal was required to determine the validity and currency of the MOC's opinion in relation to the applicant's visa application. Specifically, the Tribunal considered whether the MOC's assessment, which referred to a "permanent stay in Australia" and a "significant cost to the Australian community," was appropriate for a temporary graduate visa. The Tribunal also had to consider whether a further MOC opinion was necessary given the passage of time since the initial assessment and the nature of the visa.

The Tribunal reasoned that the initial MOC opinion was not valid for the specific visa application because it assessed the applicant against the criteria for a permanent stay, whereas the Subclass 485 visa does not grant a permanent stay. Furthermore, the MOC opinion did not provide a breakdown of the specified costs, rendering that aspect of the assessment unclear. The Tribunal noted that Department policy indicated that for temporary visas, an assessment against the maximum period of stay is standard, but if the visa is granted for a shorter period, a new MOC opinion may be required. Given these considerations, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for reconsideration. The Tribunal directed that the applicant be considered to meet PIC 4005(1)(aa) for the purposes of clause 485.216 of Schedule 2 to the Regulations.