1817242 (Migration)

This matter concerned an application for an Aged Dependant Relative (Subclass 838) visa by two applicants, citizens of Singapore, who sought to join their biological son and brother, an Australian citizen. The applicants' last substantive visas were Subclass 602 (medical treatment) visas. A delegate of the Minister refused to grant the visas on 31 May 2018, finding that the first applicant did not meet the health requirements under Public Interest Criterion 4005 (PIC 4005). The applicants sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicants met the health requirements for the visa, specifically PIC 4005, which requires that an applicant does not have a health condition that would be likely to result in the applicant or members of the Australian community incurring significant costs to the Australian health system or cause undue hardship to the Australian community. The applicants' representative also argued that strong compassionate circumstances existed, warranting referral to the Minister for discretionary intervention due to potential serious ongoing and irreversible harm and continuing hardship to the Australian family members.

The Tribunal considered medical assessments by a Medical Officer of the Commonwealth (MOC) which found the first applicant, an [age]-year-old with heart failure and mobility issues, to have moderate functional impairment and dependency in daily activities. The MOC concluded her condition was progressive and that the provision of health and community services would be significant, thus not meeting PIC 4005. The Tribunal noted that there was no waiver available for PIC 4005, and therefore, regardless of other circumstances, the applicants could not meet regulation 838.322 of the Migration Regulations. The Tribunal affirmed the delegate's decision.