Rocchi (Migration)

The Administrative Appeals Tribunal considered an application concerning a Subclass 485 (Temporary graduate) visa. The applicant sought review of a decision that had not been favourable regarding their eligibility for the visa. The Tribunal's decision focused on the health requirements of the visa application.

The primary legal issue before the Tribunal was whether the applicant satisfied the health requirements for the Subclass 485 visa, specifically Public Interest Criterion 4005, as stipulated by clause 485.216 of Schedule 2 to the Migration Regulations. The Tribunal was required to determine if the medical assessment met the necessary criteria for the visa to be granted.

The Tribunal found that the applicant did meet the relevant health criteria. Consequently, the Tribunal remitted the application to the Department for reconsideration. The decision also noted that the second named applicant, who applied as a family unit member of the first named applicant, would have their application determined by reference to the outcome of the first applicant's reconsidered application.