ESQUIBEL (Migration)

This matter concerned an application for a Subclass 186 Employer Nomination (Permanent) visa by a 43-year-old man from the Philippines. The applicant had been employed in Australia as a Roof Plumber since 2011. A Medical Officer of the Commonwealth (MOC) assessed the applicant as not meeting the health requirements due to severe chronic renal disease, which was deemed likely to progress and potentially require a renal transplant. This assessment led to a delegate's decision not to waive the relevant public interest criterion (PIC 4007), finding that the potential significant cost to the Australian community and prejudice to access to healthcare services were not outweighed by mitigating factors or compassionate and compelling circumstances.

The primary legal issue before the Tribunal was whether the applicant met Public Interest Criterion 4007, which requires an applicant to be free from diseases or conditions that could result in significant costs to the Australian community or prejudice access to healthcare services, and whether this criterion could be waived. The applicant had provided further evidence, including a report from a Review Medical Officer of the Commonwealth (RMOC) which noted the stability of his condition in recent years, his strong community support, his family's willingness to provide a transplant, and their ability to fund medical expenses from savings.

The Tribunal considered the evidence presented, including the RMOC's opinion that while the condition was likely to progress, it had remained stable. The Tribunal noted the applicant's strong ties to the Australian community, the willingness of his family to contribute to medical expenses, and their capacity to fund these costs. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met PIC 4007(2)(b) for the purposes of clause 186.224 of the Migration Regulations. The Tribunal remitted the applications for employer nomination (permanent) visas for reconsideration.