Sharma (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa, made by the first-named applicant, Mr. Sharma, and the second-named applicant. The dispute concerned whether the applicants met the health criteria for the visa.

The primary legal issue before the Tribunal was to determine whether the first-named applicant satisfied the health requirement under Public Interest Criterion 4005, as relevant to clause 485.216(1) of Schedule 2 to the Migration Regulations 1994. The Tribunal also needed to consider the remaining criteria for the visa, including those pertaining to the second-named applicant.

The Tribunal found that the first-named applicant met the health criterion for the visa. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the first-named applicant satisfies the health requirement. The Minister is to consider the remaining criteria for the visa, including those applicable to the second-named applicant.