Chen (Migration)

This matter concerned an application for a Contributory Parent (Migrant) (Class CA) visa, subclass 143. The primary applicant was Mr Shaochang Chen, and the third named visa applicant, Mr Liangtuan Chen, was a member of his family unit. The dispute centred on whether Mr Liangtuan Chen met the health requirements stipulated by Paragraph 4005 (PIC 4005) of the Migration Regulations 1994, which is a criterion for the grant of the visa. The decision under review was made by the Department of Immigration and Border Protection, and the case was heard by the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether Mr Liangtuan Chen satisfied PIC 4005, specifically subclause (1)(c). This subclause mandates that an applicant must be free from a disease or condition that would likely require health care or community services, and the provision of such services would likely result in a significant cost to the Australian community or prejudice access for citizens and permanent residents. The Medical Officer of the Commonwealth had assessed Mr Liangtuan Chen's chronic medical condition as representing a significant cost to the Australian community.

The Tribunal considered extensive medical evidence, including reports from panel physicians, specialist doctors, and biochemistry results, spanning from February 2016 to January 2018. Despite a report from Dr Guang Chen in June 2018 indicating potential for substantial improvement and the possibility of ceasing medication, the Tribunal accepted that Mr Liangtuan Chen required long-term treatment. Applying PIC 4005, the Tribunal concluded that Mr Liangtuan Chen did not meet the health requirements because his condition was assessed as likely to incur significant costs to the Australian community.

Consequently, as Mr Liangtuan Chen failed to satisfy PIC 4005, the Tribunal affirmed the decision not to grant the Contributory Parent (Migrant) (Class CA) visas to the applicants.