Ridwan (Migration)

This matter concerned an application for a Subclass 485 (Temporary Graduate) visa, a type of Skilled (Provisional) (Class VC) visa. The applicant sought review of a decision concerning their eligibility for this visa, specifically in relation to health criteria. The decision was made by a Tribunal, with Member Mary Sheargold presiding.

The central legal issue before the Tribunal was whether the applicant met the health criteria, specifically Public Interest Criterion 4005(1) as it applied to clause 485.216 of Schedule 2 to the Migration Regulations. The Tribunal was required to determine if the medical examination undertaken by the applicant satisfied the requirements for the visa.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing material before it, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration. In doing so, it directed that the first named applicant be considered to meet Public Interest Criterion 4005(1) for the purposes of clause 485.216 of Schedule 2 to the Regulations.