Patel (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate), by Mr. Patel. The primary dispute before the Tribunal was whether Mr. Patel met the health criteria stipulated for the grant of this visa.

The legal issue before the Tribunal was to determine whether the applicant satisfied the health criteria under clause 485.216(1) of the Regulations, specifically in relation to Public Interest Criterion (PIC) 4005(1)(aa). Regulation 2.25A mandates the Tribunal to seek the opinion of a Medical Officer of the Commonwealth when assessing certain PICs, unless specific exceptions apply to temporary visa applications where no adverse information is known to the Department.

The Tribunal considered the evidence, including the applicant's health assessment undertaken on 24 May 2019, which indicated no significant findings. It also reviewed the Department's records, which confirmed the receipt of the health assessment result on 8 November 2018. Based on this material, the Tribunal was satisfied that the applicant met PIC 4005(1)(aa). Consequently, the Tribunal remitted the application for reconsideration of the remaining visa criteria, directing that the applicant be considered to have met PIC 4005(1)(aa). The application of a second applicant, who applied as a member of the family unit, was to be determined by reference to the outcome of the primary applicant's remitted application.