1837312 (Migration)

This matter concerned an application for an Employer Nomination (Permanent) visa, Subclass 186, by a citizen of [Country 1]. The applicant, who had been living and working in Australia since 2014, applied for the visa sponsored by his employer, [Company Name]. The central issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4007, which requires applicants to be free from certain diseases or conditions that could impose a significant cost on the Australian community.

The legal issues before the Tribunal were whether the applicant met the requirements of PIC 4007, specifically subclause (1)(c), which pertains to freedom from diseases or conditions likely to result in significant cost to the Australian community. The Tribunal also considered the potential for a waiver of this criterion under subclause (2) if the applicant satisfied all other visa criteria and granting the visa would not result in undue cost to the community or prejudice access to services for Australian citizens or permanent residents.

The Tribunal's reasoning focused on the medical assessments of the applicant, who was found to have the condition of [Medical Condition]. Multiple opinions from Medical Officers of the Commonwealth indicated that the condition could result in significant costs to the Australian community, initially estimated at over $500,000 and later revised to $135,000. Despite these findings, the Tribunal noted the applicant's evidence regarding his stable employment, income, savings, general health, adherence to medical treatment, committed relationship, and supportive social network. The Tribunal concluded that the applicant met PIC 4007(2)(b) for the purposes of clause 186.224 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for an Employer Nomination (Permanent) visa for reconsideration, with a direction that the applicant meets PIC 4007(2)(b).