Niloy (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision concerning their eligibility for the visa, with a particular focus on the health criteria.

The primary legal issue before the Tribunal was whether the applicant satisfied subclause 4005(1)(aa) of Schedule 4 to the Migration Regulations 1994, which pertains to medical assessments required for certain classes of persons. The Tribunal was required to determine if the applicant had undertaken the specified medical assessment and been assessed by the designated person, unless a Medical Officer of the Commonwealth had decided otherwise.

The Tribunal found that the applicant had met the requirements of PIC 4005(1)(aa). Based on this finding, the Tribunal concluded that the matter should be remitted for reconsideration of the remaining criteria for the visa. The Tribunal therefore remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration, with the direction that the applicant meets the specified health criterion.