Tan (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), made by an applicant whose visa decision was under review. The core dispute concerned whether the applicant met Public Interest Criterion (PIC) 4005, which mandates specific health assessments and requires applicants to be free from certain diseases or conditions that could pose a risk to public health or the Australian community.

The legal issue before the Tribunal was whether the applicant had satisfied the requirements of PIC 4005(1)(aa), which stipulates that an applicant within a specified class must undertake a required medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal was also required to consider the evidence presented regarding the applicant's compliance with health examination requirements.

The Tribunal reasoned that while the applicant had not initially provided evidence of undertaking the required health examinations at the time the Department made its decision, subsequent evidence submitted to the Tribunal demonstrated that the applicant had attended appointments and completed her health examinations by 25 January 2024. This information, not available to the original decision-maker, led the Tribunal to conclude that the requirements of PIC 4005(1)(aa) were met.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had satisfied PIC 4005(1)(aa) for the purposes of clause 485.313 of Schedule 2 to the Regulations.