Shrestha (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant, Shrestha, sought review of a decision concerning the health requirement for the visa. The Tribunal, constituted by Member Mary Sheargold, determined that a hearing was not necessary, as it could resolve the matter based on the existing documentation.

The central legal issue before the Tribunal was whether the applicant met the health requirement, specifically Public Interest Criterion 4005(1), as stipulated by clause 485.216(1) of Schedule 2 to the Migration Regulations 1994. This criterion relates to the applicant's health and the assessment by a Medical Officer of the Commonwealth.

The Tribunal reasoned that the medical examinations provided by the applicant upon review satisfied the health requirement. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the specified criteria for the Subclass 485 visa.