Patel (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa, by the applicant, Mr. Patel. The dispute arose because the applicant was "auto cleared" for the "finalised health requirement," but the decision under review was ultimately remitted by the Tribunal.

The legal issue before the Tribunal was whether the applicant met the health requirements for the Subclass 485 visa, particularly in light of the "auto cleared" status for the finalised health requirement. The Tribunal was required to consider the provisions of the Migration Regulations 1994, specifically clause 4005(1) of Schedule 4, which outlines the health criteria for visa applicants.

The Tribunal, constituted by Member Nicole Burns, reasoned that the applicant met the health criteria as specified in PIC 4005(1) for the purposes of clause 485.216 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with the direction that the first named applicant meets the specified health criteria for the grant of the visa.