RABBAB (Migration)

The Administrative Appeals Tribunal considered the application of RABBAB for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The primary dispute concerned whether the applicant met Public Interest Criterion (PIC) 4005, which mandates specific health examinations for certain visa applicants. The Tribunal found that it was able to decide the matter in favour of the applicant without a hearing, pursuant to section 360(2)(a) of the Migration Act 1958.

The central legal issue before the Tribunal was whether the applicant had satisfied PIC 4005(1)(aa), which requires applicants in a specified class to undergo a medical assessment unless a Medical Officer of the Commonwealth decides otherwise. This criterion, as applied to the applicant, required her to undertake specified medical examinations as detailed in IMMI 15/144, given her country of citizenship, India, was not listed in the exemption schedule. The applicant had initially not completed all required examinations, specifically a Tuberculosis investigation, at the time of the delegate's decision.

The Tribunal reasoned that while the applicant had not initially completed all health examinations, she subsequently attended a visa medical assessment on 15 June 2018. Crucially, the Tribunal had before it a completed Form 884, an Opinion of a Medical Officer of the Commonwealth, which confirmed that the applicant had been assessed against PIC 4005 for the Subclass 485 visa and met the health requirement for a period of four years. Therefore, the Tribunal concluded that the requirements of PIC 4005(1)(aa) were met.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the first named applicant meets PIC 4005(1)(aa) for the purposes of clause 485.216(1) of Schedule 2 to the Regulations. The applications of the second, third, and fourth named applicants, who applied as members of the family unit of the first applicant, will be determined by reference to the outcome of the first applicant's application upon remittal.