Deocades (Migration)

This matter concerned an appeal by a visa applicant against the refusal of a Regional Employer Nomination (Permanent) visa (Subclass 187). The primary dispute revolved around whether the applicant met Public Interest Criterion (PIC) 4007, specifically concerning the health of a non-migrating spouse who was a member of the applicant's family unit. The decision was made by the Tribunal.

The Tribunal was required to determine if the applicant met PIC 4007, which mandates that applicants be free from certain diseases or conditions that could pose a threat to public health or result in significant costs to the Australian community through the need for health or community services. The refusal was based on a Medical Officer of the Commonwealth's assessment that the applicant's non-migrating spouse did not meet the requirements of PIC 4007(1)(c). The Tribunal also had to consider whether a Medical Officer of the Commonwealth opinion was required and, if so, whether the opinion was correctly formed and applied the statutory criteria.

The Tribunal reasoned that while a Medical Officer of the Commonwealth opinion was required and was taken to be correct, it must first be satisfied that the opinion was formed by applying the correct legal test. In this instance, the Tribunal was satisfied that the Medical Officer had applied the correct test. However, the non-migrating spouse had since passed away. The Tribunal concluded that given this development, the matter should be remitted for reconsideration by the Minister, with a direction that the first named applicant met PIC 4007(1)(c) for the purposes of the visa criteria.