Daghighi (Migration)

This matter concerned an application for a Sponsored Parent (Temporary) (Class GH) visa, subclass 870. The applicant was found by a Medical Officer of the Commonwealth (MOC) not to meet the health requirement under Public Interest Criterion (PIC) 4005. The MOC assessed the applicant as having moderate functional impairment due to Alzheimer's Dementia, a progressive condition requiring supervision and assistance with daily living. The MOC concluded that a hypothetical person with a similar condition would likely require community care services, resulting in significant cost to the Australian community. The review was heard by Senior Member Justin Owen of the Tribunal.

The central legal issue before the Tribunal was whether the visa applicant met PIC 4005, specifically subclauses (1)(a), (b), and (c). These subclauses require an applicant to be free from tuberculosis, free from diseases posing a threat to public health or danger to the community, and free from conditions likely to require health or community services that would result in significant cost to the Australian community or prejudice access for Australian citizens or permanent residents. The Tribunal was required to consider the MOC's opinion regarding the applicant's Alzheimer's Dementia and its implications for the PIC 4005 requirements.

The Tribunal considered the MOC's finding that the applicant's Alzheimer's Dementia constituted a moderate functional impairment, was progressive, and would likely necessitate health or community services, leading to significant costs for the Australian community. While the Tribunal acknowledged the applicant's circumstances and the potential for serious, ongoing, and irreversible harm and continuing hardship, it affirmed the decision not to grant the visa. However, the Tribunal also considered the Ministerial guidelines relating to the Minister's discretionary power under s.351 and concluded that the case should be referred to the Department for consideration by the Minister.