2400661 (Migration)

This matter concerned a review of a decision to refuse a Contributory Parent (Migrant) (Class CA) visa, Subclass 143. The visa applicant, a citizen of Russia, applied for the permanent visa offshore in March 2016, sponsored by her Australian citizen son. The core of the dispute was whether the applicant met Public Interest Criterion (PIC) 4005, which requires applicants to undergo specified medical assessments and be free of certain diseases or conditions that may impact the community.

The Tribunal was required to determine whether the visa applicant had satisfied PIC 4005(1)(aa). This sub-clause mandates that applicants within a specified class must undertake a medical assessment as detailed in a relevant legislative instrument, unless a Medical Officer of the Commonwealth directs otherwise. The Tribunal noted that the applicant fell within the specified class and that there was no evidence of a Medical Officer of the Commonwealth deciding otherwise, nor any evidence that the applicant had ever undertaken the required health examination.

The Tribunal found that the applicant was in the specified class of persons requiring a medical assessment under IMMI 15/144. Despite repeated requests from the Department and a further request from the Tribunal itself, the applicant had not provided any evidence of having undertaken the necessary medical assessments. Consequently, the Tribunal concluded that the applicant had not satisfied the requirements of PIC 4005.

The Tribunal affirmed the delegate's decision to refuse the visa.