Surjit Singh (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Skilled – Provisional) visa made by Surjit Singh, the primary applicant, and secondary applicants. The dispute concerned whether the primary applicant met certain criteria for the visa, which in turn affected the assessment of the secondary applicants.

The Tribunal was required to determine whether the primary applicant met the health requirement for the visa, as evidenced by a health form received by the Tribunal. The Tribunal also needed to consider the implications of the primary applicant's assessment on the eligibility of the secondary applicants.

The Tribunal reasoned that the primary applicant had satisfied the health requirement as stipulated by clause 485.216 of Schedule 2 to the Migration Regulations. Because the primary applicant had not yet been assessed against all remaining criteria for the Subclass 485 visa, the Tribunal concluded that no decision could be made regarding the secondary applicants. Accordingly, the Tribunal remitted the application for reconsideration with a direction that the primary applicant met the specified health criterion.