Bull (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The applicant's daughter was diagnosed with multiple sclerosis, and the Tribunal was required to determine whether the visa applicant met Public Interest Criterion (PIC) 4007, which relates to health requirements. The core of the dispute centred on whether the medical condition of the applicant's daughter would result in undue cost to the Australian community or prejudice access to health services for Australian citizens and permanent residents.

The legal issues before the Tribunal were whether the visa applicant and her family unit were free from diseases or conditions that would pose a threat to public health, endanger the Australian community, or require health or community services likely to result in significant cost to the Australian community or prejudice access to such services. Specifically, the Tribunal had to consider PIC 4007(1)(a), (b), and (c) of the Migration Regulations 1994. The Tribunal also had to determine if a Medical Officer of the Commonwealth (MOC) opinion was required and, if so, whether it had been correctly applied.

The Tribunal reasoned that as the applicant had applied for a permanent visa, the exemption provision in PIC 4007(1B) did not apply. The Tribunal was required to seek the opinion of a MOC unless specific exceptions applied, which they did not in this instance. The Tribunal noted that it must take the MOC's opinion as correct, provided the MOC applied the correct statutory test. In this case, the applicant's daughter's condition was found to be such that it would likely require health care and community services, and the provision of these services would likely result in significant cost to the Australian community. Consequently, the applicant had not satisfied the requirements of PIC 4007.

The Tribunal affirmed the decision not to grant the visa applicants Partner (Provisional) (Class UF) visas.