SUBAM (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, brought before the Tribunal. The central dispute revolved around the applicant's compliance with Public Interest Criterion (PIC) 4005, which mandates a medical examination under specific circumstances. The applicant had been advised on 2 March 2017 of the requirement to undergo a health examination within 28 days, but by 4 April 2017, the Department had no record of the applicant completing this requirement.

The legal issue before the Tribunal was whether the applicant had satisfied PIC 4005(1)(aa), which requires individuals in a specified class to undertake a medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The applicant contended that a genuine mistake arose from miscommunication with his migration agent, leading to his misunderstanding of the timeframe and the nature of the required evidence (an appointment booking rather than completion). He also explained that his migration agent had advised against obtaining the medical assessment during the review process due to uncertainty about the hearing timeline, and subsequently, his HAP ID had expired.

The Tribunal found that the applicant's explanation regarding the miscommunication with his migration agent and his genuine mistake concerning the requirements and deadlines for the medical examination was credible. Given these findings, the Tribunal concluded that the appropriate course of action was to remit the matter for reconsideration. The Tribunal directed that the applicant be considered to have met the criteria of PIC 4005(1)(aa)(i) for the purposes of clause 485.216 of Schedule 2 to the Regulations.