Eager (Migration)

This matter concerned an appeal by Mrs Eager, a national of the United Kingdom, against a decision to affirm the refusal of her Aged Parent (Residence) (Class BP) visa, subclass 804. Mrs Eager applied for the visa on the basis of being the aged parent of her Australian citizen son, who resides in Western Australia. The central dispute revolved around whether Mrs Eager met Public Interest Criterion (PIC) 4005, which requires visa applicants to be free from certain diseases or conditions that could pose a threat to public health or result in significant costs to the Australian community.

The Tribunal was required to determine if Mrs Eager satisfied PIC 4005, specifically sub-subparagraph (1)(c)(ii)(A) of Schedule 4 to the Migration Regulations. This sub-subparagraph concerns whether a disease or condition would likely require health care or community services that would result in significant cost to the Australian community or prejudice access to such services for Australian citizens or permanent residents. The applicant had been diagnosed with advanced breast cancer, necessitating a Medical Officer of the Commonwealth (MOC) opinion.

The Tribunal considered the evidence, including the MOC's assessment, which concluded that Mrs Eager did not satisfy PIC 4005(1)(c)(ii)(A). The MOC's opinion was based on the likelihood that her condition would require health care and community services that would result in significant cost to the Australian community. The Tribunal affirmed the decision not to grant the visa, finding that the applicant did not meet the health requirements. The Tribunal noted that it remained open to Mrs Eager to seek Ministerial Intervention.