Fang (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101, made by Miss Chia-Ju Lin. The applicant had initially been advised by a Medical Officer of the Commonwealth (MOC) that she did not meet the health requirements under Public Interest Criterion (PIC) 4007(1)(c)(ii)(A) due to schizophrenia, which was deemed likely to require lifelong support services and psychiatric care, resulting in significant costs to the Australian community. The review applicant subsequently requested a further medical opinion. The Administrative Appeals Tribunal (AAT) considered the case.

The central legal issue before the AAT was whether the visa applicant met the requirements of PIC 4007, specifically whether she was free from a disease or condition that would likely require health care or community services, the provision of which would result in significant cost to the Australian community or prejudice access for Australian citizens or permanent residents. PIC 4007(1)(a) and (b) require freedom from tuberculosis and conditions posing a threat to public health or the Australian community, while PIC 4007(1)(c) addresses conditions likely to require health or community services with significant cost implications or prejudice to access.

The Tribunal noted that an initial MOC opinion indicated the applicant did not meet PIC 4007(1)(c)(ii)(A) due to her schizophrenia, which was stable but likely to require lifelong care and support, potentially incurring significant costs. However, a subsequent MOC opinion received on 7 June 2022 stated that the applicant met the health requirements based on updated medical and radiological reports. The Tribunal found that this later opinion superseded the earlier one.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the visa applicant meets PIC 4007(1)(c) for the purposes of clause 101.223 of Schedule 2 to the Migration Regulations 1994.