Torres Garcia (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, made by the applicant, Torres Garcia. The central dispute revolved around whether the applicant met the health requirements stipulated by Public Interest Criterion (PIC) 4005.

The Tribunal was required to determine if the applicant had satisfied PIC 4005(1)(aa), which mandates that individuals within a specified class undertake a medical assessment by a designated person, unless a Medical Officer of the Commonwealth directs otherwise. This criterion is a prerequisite for the grant of the visa.

The Tribunal found that while the applicant initially failed to complete the required medical assessment after being prompted by the Department and subsequently by the Tribunal, they eventually undertook the examinations on 19 December 2020. Departmental records confirmed that all applicants met the health requirements on 22 December 2020. Consequently, the Tribunal concluded that PIC 4005(1)(aa) had been met.

Given this finding, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant be considered to have met PIC 4005(1)(aa) for the purposes of clause 485.216 of Schedule 2 to the Migration Regulations 1994.