1604668 (Migration)

This matter concerned an application for an Employer Nomination (Permanent) visa, Subclass 186, by an applicant who had been diagnosed with a medical condition. The dispute before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4007, which relates to health requirements for visa applicants.

The primary legal issue before the Tribunal was to determine if the applicant was free from diseases or conditions that could pose a threat to public health or community services in Australia, as stipulated by PIC 4007(1)(a), (b), and (c). The Tribunal also considered whether the waiver provisions under PIC 4007(2) were applicable, given the applicant's permanent visa application. The Tribunal was required to consider the opinions of a Medical Officer of the Commonwealth (MOC) in its determination.

The Tribunal reasoned that while the applicant had a diagnosed medical condition, the specific requirements of PIC 4007(1)(a), (b), and (c) needed careful assessment, particularly in light of the MOC's opinions. The Tribunal noted that for permanent visas, the exemption in PIC 4007(1B) did not apply. The Tribunal ultimately concluded that the matter should be remitted for reconsideration, directing that the applicant met PIC 4007(2)(b) for the purposes of clause 186.224 of Schedule 2 to the Regulations, implying that the waiver provision was considered favourably in relation to the potential cost to the Australian community.