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Temporary Graduate applicants no longer required to lodge evidence of medical-examination bookings

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateApril 18, 2015
CategoryMigration policy
Affected groupSubclass 485 temporary graduate applicants and persons included in pending or new applications

Policy effect

From 18 April 2015, repeal of clause 485.214 removed the requirement for a Temporary Graduate subclass 485 visa application to be accompanied, when made, by evidence that the applicant and each person included in the application had arranged a medical examination for that application. The repeal applies both to applications already made but not finally determined before 18 April 2015 and applications made on or after that date. This removes the upfront medical-arrangements evidence requirement only. Applicants remain required to meet the applicable health criterionPIC 4005, and medical examinations or tests required under that criterion are not waived. The official explanatory statement reproduces the former clause and explains that some applicants might not require an examination, while those who do still must complete it for the health assessment.

Conditions and exceptions

Validated condition or limit: From 18 April 2015, repeal of clause 485.214 removed the requirement for a Temporary Graduate subclass 485 visa application to be accompanied, when made, by evidence that the applicant and each person included in the application had arranged a medical examination for that application.; The repeal applies both to applications already made but not finally determined before 18 April 2015 and applications made on or after that date.; This removes the upfront medical-arrangements evidence requirement only.; Applicants remain required to meet the applicable health criterionPIC 4005, and medical examinations or tests required under that criterion are not waived.; The official explanatory statement reproduces the former clause and explains that some applicants might not require an examination, while those who do still must complete it for the health assessment.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

85.111 of Schedule 2 (note 2) Repeal the note. 14 Clause 485.212 of Schedule 2 Repeal the clause, substitute: 485.212 The application was accompanied by evidence that: (a) the applicant: (i) has undertaken a language test specified by the Minister in a legislative instrument made for this paragraph; and (ii) has achieved, within the period specified by the Minister in the instrument, the score specified by the Minister in the instrument in accordance with the requirements (if any) specified by the Minister in the instrument; or (b) the applicant holds a passport of a type specified by the Minister in a legislative instrument made for this paragraph. 6 Migration Amendment (2015 Measures No. 1) Regulation 2015 No. 34, 2015 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Character and cancellation Schedule 3 Schedule 3—Character and cancellation Migration Regulations 1994 1 Paragraph 2.55(1)(b) Repeal the paragraph, substitute: (b) the giving of a document under subsection 501G(3) of the Act relating to a decision to: (i) cancel a visa under section 501, 501A, 501B, 501BA, or 501F of the Act; or (ii) not revoke a decision to cancel a visa under section 501CA of the Act; and 2 Subclause 4013(1) of Schedule 4 Omit “(2) or (2A)”, substitute “(2), (2A) or (3)”. No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 7 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 4 Sponsorship obligation timeframes Schedule 4—Sponsorship obligation timeframes Migration Regulations 1994 1 Subregulation 2.84(6) (table) Omit “10 working days” (wherever occurring), substitute “28 days”. 2 Subregulation 2.84(6) (table item 4) Omit “subregulation (5)”, substitute “paragraph (5)(b)”. 8 Migration Amendment (2015 Measures No. 1) Regulation 2015 No. 34, 2015 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Medical examination requirements Schedule 5 Schedule 5—Medical examination requirements Migration Regulations 1994 1 Clause 485.214 of Schedule 2 Repeal the clause. No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 9 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 6 Legislative instrument for application requirements Schedule 6—Legislative instrument for application requirements Migration Regulations 1994 1 Regulation 1.03 Insert: office of Immigration includes an office occupied by an officer of Immigration at an airport or a detention centre. 2 At the end of subregulation 2.07(1) Add: Note: An item of Schedule 1 may provide that the form, place or manner for making an application is specified by the Minister in a legislative instrument made for the item under subregulation (5). 3 At the end of regulation 2.07 Add: (5) If an item in Schedule 1 prescribes any of the following requirements by reference to a legislative instrument made under this subregulation, the Minister may, by legislative instrument, specify the requirement: (a) an … form for making an application for a visa of a specified class; (b) the way in which an application for a visa of a specified class must be made; (c) the place at which an application for a visa of a specified class must be made. Note 1: For paragraph (b), examples of the way in which an application must be made include by the internet, orally, or by posting, faxing or emailing the application to a specified number or address. Note 2: Regulation 2.10 sets out where an application for a visa must be made if no location for making the application is prescribed in relation to the visa in Schedule 1. (6) The legislative instrument may specify different requirements for: (a) different kinds of visa (however described); and (b) different classes of applicant. 10 Migration Amendment (2015 Measures No. 1) Regulation 2015 No. 34, 2015 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Legislative instrument for application requirements Schedule 6 4 Regulation 2.07A After “1305(1)”, insert “of Schedule 1”. 5 At the end of regulation 2.09 Add: (4) In this regulation: office of Immigration does not include an office occupied by an officer of Immigration at an airport or a detention centre. 6 Subregulation 2.10(4) Repeal the subregulation (not including the note). 7 Subregulations 2.10A(2) and 2.10B(2) Omit “The person”, substitute “For section 46 of the Act, the person”. 8 Part 1 of Schedule 1 (note to Part heading) Repeal the note. 9 Subitem 1104AA(1) of Schedule 1 Repeal the subitem, substitute: (1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). 10 Paragraph 1104AA(3)(a) of Schedule 1 Repeal the paragraph, substitute: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). 11 Subitem 1104BA(1) of Schedule 1 Repeal the subitem, substitute: (1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 11 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 6 Legislative instrument for application requirements 12 Paragraph 1104BA(3)(a) of Schedule 1 Repeal the paragraph, substitute: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). 13 Subitem 1104B(1) of Schedule 1 Repeal the subitem, substitute: (1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). 14 Paragraph 1104B(3)(a) of Schedule 1 Repeal the paragraph, substitute: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation …
Australian Federal Register of Legislation — original instrument and explanatory statementF2015L00351 Schedule5 item1 repealing485.214; section2; Schedule7 clause4105. ES AttachmentC Schedule5 reproduces complete old485.214 and explains retainedPIC4005 assessment.Open official source
Retrieved from https://www.legislation.gov.au/F2015L00351/asmade/2015-03-27/text/original/pdf

Review method

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Other Australia changes operative in 2015