1713724 (Migration)

This matter concerned an application for a Contributory Parent (Migrant) (Class CA) visa, lodged on 15 July 2014, by the applicant, who listed Mr A as her non-migrating spouse. Mr A's health assessment resulted in a "Does Not Meet" outcome, prompting the Department to issue an Invitation to Comment. Subsequently, the applicant sought to withdraw Mr A from the application, claiming separation since October 2014 and that he was not a dependent. The Tribunal was required to determine whether the applicant had satisfied the health criterion for the visa.

The central legal issue before the Tribunal was whether the applicant had met the requirements of Public Interest Criterion (PIC) 4005, specifically concerning the health of the non-migrating spouse. This criterion mandates that applicants must be free from diseases or conditions that could pose a threat to public health or result in significant costs to the Australian community. The Tribunal also considered the applicant's claims of separation from her spouse and the genuineness of the provided evidence supporting these claims.

The Tribunal found that the applicant's claims of separation from Mr A since October 2014 were not credible, noting that the withdrawal of Mr A from the application and the claims of separation were made only after adverse health findings. The documentation provided to support the separation, including a statement from the Ward of Public Security, was found to be insufficient and did not establish the claimed duration of separation. Furthermore, despite being given further opportunities to provide additional medical reports for Mr A, no such information was submitted. Consequently, the Tribunal concluded that the applicant had not satisfied the requirements of PIC 4005.

The Tribunal affirmed the decision not to grant the Contributory Parent (Migrant) (Class CA) visas to the applicants.