Shrestha (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The applicant had been "auto cleared" for the "finalised health requirement." The decision under review was made by the Tribunal, with Nicole Burns Member presiding.

The primary legal issue before the Tribunal was whether the applicant met the health requirements for the Subclass 485 visa, particularly in light of the "auto cleared" status for the finalised health requirement. The Tribunal was required to consider the provisions of clause 4005(1) of Schedule 4 to the Migration Regulations 1994 in determining compliance with the health criteria.

The Tribunal reasoned that given the applicant was "auto cleared" for the finalised health requirement, the appropriate course was to remit the matter to the Minister for reconsideration of the remaining criteria for the Subclass 485 visa. The Tribunal directed that the first named applicant meets the criteria specified in PIC 4005(1) for the purposes of cl 485.216 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for Skilled (Provisional) (Class VC) visas for reconsideration, with the specific direction that the first named applicant meets the health criteria as outlined.