Wijaya (Migration)

This matter concerned an application for a Subclass 485 (Temporary Graduate) visa, a type of Skilled (Provisional) (Class VC) visa. The applicant, Mr Wijaya, sought review of a decision concerning his eligibility for this visa, specifically in relation to health criteria. The Administrative Appeals Tribunal, constituted by Member Tim Connellan, considered the material before it.

The primary legal issue before the Tribunal was whether the applicant met the health criteria prescribed for a Subclass 485 visa, as stipulated in cl 485.216 of Schedule 2 to the Migration Regulations 1994. This involved an assessment of information presented, including an ISCE screen shot indicating 'Health Auto Cleared'.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the existing material, pursuant to s 360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the relevant health criteria.