Thapa Magar (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, reviewed by the Tribunal. The central dispute revolved around whether the applicant met the health criteria, specifically Public Interest Criterion (PIC) 4005, which requires certain visa applicants to undergo medical assessments and be free from specific diseases or conditions that could impact the community.

The Tribunal was required to determine if the applicant had undertaken the specified medical assessment as mandated by PIC 4005(1)(aa). This criterion requires individuals within a specified class to undergo a medical assessment by a designated person unless a Medical Officer of the Commonwealth directs otherwise, as outlined in IMMI 15/144. The Tribunal also needed to consider whether the applicant was free from diseases or conditions that could pose a threat to public health or result in significant costs to the Australian community.

The Tribunal reasoned that based on information provided by the Department, the health requirements were met on 26 July 2024, and therefore, the applicant had undertaken the specified medical examinations. Consequently, the Tribunal found that the requirements of PIC 4005(1)(aa) were satisfied. As a result, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant meets PIC 4005(1)(aa) for the purposes of clause 485.216 of Schedule 2 to the Regulations.