Sharmin (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, brought before the Tribunal by the applicant. The central dispute revolved around whether the applicant met the health criteria, specifically Public Interest Criterion (PIC) 4005, as required for the visa grant.

The Tribunal was required to determine whether the applicant had undertaken the specified medical assessment as mandated by PIC 4005(1)(aa). This criterion requires individuals within a specified class to undergo a medical assessment by a designated person, unless a Medical Officer of the Commonwealth determines otherwise. The applicant, being within the relevant class, was subject to this requirement.

The Tribunal reasoned that while the applicant had not initially provided evidence of undertaking the required health examinations to the Department before the delegate's decision, subsequent evidence submitted to the Tribunal indicated that the applicant had attended appointments and completed her health examinations on 22 April 2024. This information was not available at the time of the delegate's decision. Consequently, the Tribunal found that the requirements of PIC 4005(1)(aa) were met. Given this finding, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant satisfied PIC 4005(1)(aa).