Cheah (Migration)

This matter concerned a review of a decision regarding a Parent (Migrant) (Class AX) visa, Subclass 103. The applicant sought to have the decision reviewed by the Tribunal. The central issue was whether the visa applicant met the health criteria, specifically Public Interest Criterion (PIC) 4005, as required for the grant of the visa.

The Tribunal was required to determine if the applicant was free from diseases or conditions that could impose a significant cost on the Australian community or prejudice access to health services for Australian citizens or permanent residents, as stipulated by PIC 4005(1)(c). The Tribunal also had to consider the requirement to obtain an opinion from a Medical Officer of the Commonwealth (MOC) under regulation 2.25A, and the weight to be given to such an opinion.

The Tribunal noted that the visa applicant had initially been found not to meet the health requirements based on earlier medical examinations. However, subsequent evidence indicated that a reassessment by a Medical Officer of the Commonwealth in February 2020 concluded that the applicant met the health requirements, subject to a health undertaking. Given this development, the Tribunal reasoned that the most appropriate course was to remit the matter to the Department to allow the applicant to arrange the necessary health undertaking. The Tribunal therefore remitted the application for reconsideration, with a direction that the applicant meets PIC 4005(1)(c) subject to a health undertaking.