Brar (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled Nominated (Permanent) visa (Class SN), subclass 190, made by Mr. and Mrs. Brar. The dispute concerned whether the second applicant, Mrs. Brar, satisfied the health criteria prescribed by the Migration Regulations.

The primary legal issue before the Tribunal was whether Mrs. Brar met the requirements of Public Interest Criterion (PIC) 4005, which relates to health. This criterion requires applicants to satisfy the Minister that they do not have a disease or condition of public health significance, or that if they do, appropriate arrangements have been made.

The Tribunal's reasoning was straightforward: as the second applicant had not satisfied the requirements of PIC 4005, the Tribunal was bound to affirm the decision of the delegate of the Minister. The Tribunal did not elaborate on the specific reasons why PIC 4005 was not satisfied, but this failure was determinative of the outcome.

Consequently, the Tribunal affirmed the decision not to grant the Skilled Nominated (Permanent) visas to the applicants.