Gurung (Migration)

This matter concerned an application for a Skilled Nominated (Permanent) (Class SN) visa, subclass 190, by the applicants, Mr and Mrs Gurung. The primary dispute before the Administrative Appeals Tribunal (the Tribunal) related to whether the applicants met the health criteria for the visa, specifically concerning severe chronic renal disease and the implications of a kidney transplant.

The Tribunal was required to determine whether the applicants satisfied the health requirements as stipulated by the Migration Regulations 1994 (Cth), particularly in light of a new Medical Officer of Commonwealth (MOC) opinion. The central legal issue was the assessment of the applicants' health status and its impact on their eligibility for the visa under the relevant provisions of the Regulations.

The Tribunal, having reviewed the available material, concluded that a hearing was not necessary and found in favour of the applicants pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal remitted the application for reconsideration with a direction that the applicants meet the criteria under PIC 4005(1)(c) of Schedule 4 to the Regulations for the purposes of cl 190.216 of Schedule 2 to the Regulations.