Singh (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, made by Mr Singh. The primary dispute revolved around whether Mr Singh had satisfied the health requirement under Public Interest Criterion (PIC) 4005(1)(aa)(i) of the Migration Regulations 1994. The decision was made by Member Mary Sheargold of the Tribunal.

The Tribunal was required to determine whether Mr Singh had undertaken the medical assessment as mandated by PIC 4005(1)(aa)(i). This criterion requires applicants in specified classes to undergo a medical assessment by a specified person, unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal also considered the impact of amendments to the relevant instrument, IMMI 15/144, which specified the classes of persons and required medical assessments, including those introduced by LIN 22/065 and LIN 23/042.

The Tribunal reasoned that amendments to IMMI 15/144 were not intended to apply retrospectively. Therefore, the applicable version of the instrument was that in effect when Mr Singh's visa application was made on 4 August 2021. At that time, as a citizen of India, which was not listed in Schedule 1 of IMMI 15/144, Mr Singh was required by Schedule 2 to undergo a medical examination, chest x-ray, and any additional assessments specified in Column E. The Tribunal concluded that the matter should be remitted for reconsideration with a direction that Mr Singh satisfied PIC 4005(1)(aa)(i).

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, for reconsideration. The remittal was accompanied by a direction that Mr Singh met the criteria specified in PIC 4005(1)(aa)(i) for the purposes of clause 485.216 of Schedule 2 to the Regulations. Upon remittal, the Department was to assess whether Mr Singh satisfied the remaining criteria for the grant of the visa.