Aris (Migration)

The Administrative Appeals Tribunal considered an application by Mr Aris for a Regional Employer Nomination (Permanent) visa (Subclass 187). The central dispute concerned whether Mr Aris's daughter, Susann, satisfied Public Interest Criterion (PIC) 4007, which mandates that family unit members meet health requirements.

The Tribunal was required to determine if Susann met PIC 4007, specifically subclause (1)(c), which requires freedom from a disease or condition likely to necessitate significant health or community services, thereby causing undue cost or prejudice to Australian citizens and permanent residents. The Tribunal also had to consider whether the waiver provisions under PIC 4007(2) were applicable, particularly whether granting the visa would be unlikely to result in undue cost or prejudice.

The Tribunal accepted the opinion of the Medical Officer of the Commonwealth (MOC) that Susann, due to a functional impairment from a childhood head injury, did not meet PIC 4007(1)(c). The MOC estimated substantial costs for her care. While Mr Aris argued that his wife and other children did not intend to migrate, thus mitigating potential costs, the Tribunal found that the MOC's assessment and application of the correct test were sound. However, the Tribunal determined that the waiver provision under PIC 4007(2)(b) should be considered, focusing on whether the grant of the visa would be unlikely to result in undue cost or prejudice.

Ultimately, the Tribunal remitted the application for reconsideration by the Minister, directing that Mr Aris met the criteria for PIC 4007(2)(b) for the purposes of clause 187.224 of Schedule 2 to the Regulations. This indicated that the waiver provision was likely to be satisfied, allowing for further consideration of the remaining visa criteria.