Singh (Migration)

This matter concerned an appeal by Mr. Singh against a decision regarding his application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The core of the dispute revolved around whether the applicant met the health criteria, particularly Public Interest Criterion (PIC) 4005, as required for the visa grant. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant had satisfied PIC 4005(1)(aa) of the Migration Regulations 1994. This criterion requires certain applicants to undergo a specified medical assessment by a specified person, unless a Medical Officer of the Commonwealth decides otherwise. The delegate had initially found that the applicant did not meet this criterion, asserting a lack of evidence that a medical assessment had been undertaken.

The Tribunal's reasoning focused on the evidence presented, specifically the ISCE records. Based on these records, the Tribunal was satisfied that the applicant had indeed undertaken the required medical assessment on 24 June 2019, and that it was conducted by the appropriate person. The ISCE records also indicated that the applicant was "auto cleared," meaning they met the health requirements under this specific criterion. Consequently, the Tribunal concluded that the applicant satisfied PIC 4005(1)(aa).

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. The Tribunal directed that for the purposes of cl.485.216 of Schedule 2 to the Regulations, the applicant was to be considered as meeting PIC 4005(1)(aa).