1820734 (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a Contributory Parent (Migrant) (Class CA) visa, subclass 143. The applicant sought to challenge the delegate's finding that they did not meet the health criteria for the visa.

The central legal issue before the Tribunal was whether the visa applicant satisfied Public Interest Criterion (PIC) 4005, specifically sub-subparagraph (1)(c)(ii)(A), which requires that the provision of health care or community services would not be likely to result in a significant cost to the Australian community. The Tribunal also considered whether the applicant was free from tuberculosis or any disease or condition that posed a threat to public health or a danger to the Australian community, as stipulated in PIC 4005(1)(a) and (b).

The Tribunal reasoned that PIC 4005, as it applied to a permanent visa application, required the applicant to be free from diseases or conditions that would likely necessitate health care or community services, and that such provision would result in significant cost to the Australian community. The Tribunal noted that for permanent visa applications, the exclusion provisions for certain health care and community services under PIC 4005(3) did not apply. Furthermore, the Tribunal was required to treat the opinion of a Medical Officer of the Commonwealth (MOC) as correct under regulation 2.25A, where such an opinion was sought. As the applicant had not satisfied the requirements of PIC 4005, the Tribunal affirmed the delegate's decision.

The Tribunal affirmed the decision not to grant the visa applicant a Contributory Parent (Migrant) (Class CA) visa.