Singh (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, subclass 186 (Employer Nomination Scheme), brought before the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant met the health criteria stipulated for the visa grant.

The Tribunal was required to determine if the applicant satisfied the health requirements under cl.186.224, specifically Public Interest Criterion (PIC) 4007(1)(aa) of Schedule 4 to the Migration Regulations 1994. Regulation 2.25A outlines the circumstances under which the Tribunal must seek the opinion of a Medical Officer of the Commonwealth when assessing various PICs, unless specific exceptions apply, such as for permanent visa applications made from a gazetted country where no adverse information is known.

The Tribunal found that while the applicant initially failed to respond to departmental requests for a health assessment, they subsequently provided evidence of undertaking such an assessment with an approved provider. The results of this assessment indicated no significant findings, and departmental records confirmed receipt of these results. Based on this evidence, the Tribunal was satisfied that the applicant met PIC 4007(1)(aa) for the purposes of cl.186.224. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria.