Do (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 143 Contributory Parent (Migrant) visa. The applicant sought to challenge the delegate's conclusion that they did not meet Public Interest Criterion (PIC) 4005, which relates to health requirements for visa applicants. The Tribunal was asked to determine whether the applicant satisfied the health criteria necessary for the grant of the permanent visa.

The central legal issue before the Tribunal was whether the applicant was free from a disease or condition that would likely result in significant cost to the Australian community in terms of healthcare and community services, as stipulated by PIC 4005(1)(c)(ii)(A). This criterion, relevant to permanent visa applications, requires the applicant to be free from conditions that would likely necessitate healthcare or community services during the period commencing from the application date, and where the provision of such services would incur substantial costs to the Australian community or prejudice access for citizens and permanent residents. The Tribunal was also required to consider the role of a Medical Officer of the Commonwealth (MOC) opinion in this assessment.

The Tribunal reasoned that for permanent visa applications, the exclusion provisions for certain healthcare and community services, as outlined in PIC 4005(3) for temporary visas, did not apply. It noted that Regulation 2.25A mandates the Tribunal to seek and accept the opinion of a MOC unless specific exceptions apply, which were not met in this case. The evidence before the Tribunal included two previous MOC opinions, both of which concluded that the applicant did not meet the health criteria. A subsequent MOC opinion dated 16 April 2019 was also before the Tribunal. Applying the regulations, the Tribunal was bound to treat the MOC opinion as correct.

Consequently, the Tribunal affirmed the delegate's decision not to grant the Contributory Parent (Migrant) (Class CA) visa to the applicant, as the applicant did not meet the health requirements stipulated by PIC 4005.