Xu (Migration)

The Administrative Appeals Tribunal considered an appeal by an applicant concerning a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The applicant had been "auto cleared" for the "finalised health requirement," indicating they met the necessary health criteria.

The primary legal issue before the Tribunal was whether the applicant satisfied Public Interest Criterion (PIC) 4005(1)(aa) in relation to the visa application. This criterion is a component of the requirements for the grant of the visa under the Migration Regulations.

The Tribunal reasoned that the applicant had indeed met the health requirements, which satisfied PIC 4005(1)(aa). Consequently, the Tribunal concluded that the matter should be remitted for reconsideration of the remaining criteria for the grant of the visa to the applicant. The Tribunal directed that the first named applicant meets PIC 4005(1)(aa) for the purposes of clause 485.216 of Schedule 2 to the Regulations.