Basilio (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a delegate's decision to refuse an Employer Nomination (Permanent) (Class EN) Visa, Subclass 186, to a 46-year-old citizen of the Philippines. The applicant had been in Australia since 2012, holding various visas including student and Subclass 457 temporary business visas. The delegate's refusal was based on the applicant not meeting the health criteria under Public Interest Criterion (PIC) 4007 of Schedule 4 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied PIC 4007(1)(c), which relates to meeting health requirements, or if a waiver of this criterion was permissible and appropriate in the circumstances. This involved considering a Medical Officer of the Commonwealth (MOC) opinion, which concluded that the applicant, suffering from stable chronic renal disease and having undergone a renal transplant, did not meet the health criteria. The Tribunal also had to assess the estimated costs to the Australian community associated with the applicant's condition, which were calculated at $135,890.

The Tribunal reasoned that while the MOC opinion confirmed the applicant did not meet PIC 4007(1)(c)(ii)(A), the applicant had provided evidence of her work history in Australia and her ability to mitigate the costs of her care. The Tribunal considered these factors in the context of whether PIC 4007(1)(c) could be waived. After considering the evidence presented by the applicant, including arguments from her registered migration agent and the MOC's updated opinion and costings, the Tribunal determined that the matter should be remitted for reconsideration. The Tribunal's decision to remit indicates that it found sufficient grounds to revisit the delegate's refusal, likely due to the potential for a waiver of the health criterion.