SHARMA (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, by Mr. Sharma and his family. The primary issue before the Tribunal was whether Mr. Sharma met Public Interest Criterion (PIC) 4005, which is a mandatory requirement for the grant of this visa. Mr. Sharma's application had been refused on the grounds that he had not undertaken the required medical assessment as stipulated by PIC 4005(1)(aa)(i) of the Migration Regulations 1994.

The Tribunal was required to determine if Mr. Sharma had satisfied the medical assessment requirements under PIC 4005, specifically in relation to IMMI 15/144, which outlines the specified classes of persons and the required medical assessments. This involved assessing whether Mr. Sharma, as a national of Nepal intending a temporary stay of six months or more in Australia, had undergone the correct medical assessments by an authorised provider. The Tribunal also needed to consider whether any additional medical assessments, as detailed in Column E of Schedule 2 to IMMI 15/144, were necessary based on Mr. Sharma's circumstances.

The Tribunal found that Mr. Sharma, along with his wife, had attended Bupa Medical Visa Services in Parramatta and undergone a medical examination, chest x-ray, and HIV blood test. Independent searches of the Department's electronic records confirmed that Mr. Sharma's health assessment had been finalised with an "Auto Cleared" outcome, signifying that he had met the health requirements. The Tribunal was further satisfied that no additional medical assessments were required, as Mr. Sharma did not fall into any of the categories necessitating further examination, such as intending to work in specific professions, being of a certain age, or being female and potentially pregnant. Consequently, the Tribunal concluded that Mr. Sharma satisfied PIC 4005(1)(aa).

Given these findings, the Tribunal remitted the application for reconsideration of the remaining visa criteria to the Minister. The Tribunal directed that Mr. Sharma meets the PIC 4005(1) criteria for the Subclass 485 visa, and this determination should be applied to the reconsideration of the application for himself and his secondary family applicants.