Shah (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Shah for a Temporary Work (International Relations) (Class GD) visa, subclass 403, specifically as a Meat Process Worker. The core of the dispute revolved around whether Mr. Shah had satisfied certain health-related criteria stipulated in the Migration Regulations 1994.

The Tribunal was required to determine if Mr. Shah met the requirements of paragraph 4005(1)(aa) of the Migration Regulations 1994, which pertains to undertaking specified medical assessments and being assessed by a specified person, unless a Medical Officer of the Commonwealth decides otherwise. This criterion was relevant to clause 403.291(g) of Schedule 2 to the Regulations.

The Tribunal found that Mr. Shah had undertaken the required medical assessment. Applying the provisions of the Migration Regulations 1994, specifically paragraph 4005(1)(aa), the Tribunal concluded that this criterion was satisfied. Consequently, the Tribunal remitted the application for reconsideration of the remaining visa criteria.