1903511 (Migration)

This matter concerned an application for Contributory Parent (Migrant) (Class CA) visas, specifically Subclass 143 (Contributory Parent) visas. The dispute centred on whether the applicants met the health criteria prescribed by the *Migration Regulations 1994*. The decision was made by David Barker, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if the applicants satisfied the health requirements, particularly concerning the risk of being a threat to public health in Australia or a danger to the Australian community, as stipulated in clause 4005 of Schedule 4 to the Regulations. This involved considering updated medical opinions and the assessment of a Review Medical Officer of the Commonwealth.

The Tribunal reasoned that further medical evidence had become available, necessitating an updated assessment of the applicants' health status. Given this, the Tribunal determined that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the second visa applicant met the criteria for PIC 4005 for the purposes of cl.143.225 of Schedule 2, and the first visa applicant met the criteria for cl.143.225B of Schedule 2.