Parmar (Migration)

This matter concerned an application for Skilled (Provisional) (Class VC) visas, Subclass 485 (Temporary Graduate), brought by Mr. Parmar and his family. The central dispute revolved around whether the applicants had met the health criteria, specifically Public Interest Criterion (PIC) 4005, as required for the visa grant. The decision was made by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicants had satisfied PIC 4005(1)(aa), which mandates that certain classes of persons undertake specified medical assessments unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal also considered whether the secondary applicants, as members of the primary applicant's family unit, had met the equivalent health requirements under regulation paragraph 485.31 of Schedule 2 to the Regulations.

The Tribunal reasoned that the applicants had indeed undertaken the specified medical assessments by a Medical Officer of the Commonwealth on the dates provided, thereby satisfying PIC 4005(1)(aa). It further found that the secondary applicants also met the requirements of PIC 4005(1) as applicable to them. The Tribunal noted that the applicants were not required to undergo additional medical assessments for particular health care settings.

Consequently, the Tribunal remitted the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first named applicant, Mr. Parmar, met PIC 4005(1)(aa) for the purposes of clause CL 485.186 of Schedule 2 to the Regulations, and that the second and third named applicants met PIC 4005(1)(aa) for the purposes of clause 485.313 of Schedule 2 to the Regulations.