Hu (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, Subclass 838 (Aged Dependent Relative). The applicant, Mr Hu, had failed to meet the health requirements stipulated by Public Interest Criterion (PIC) 4005 of the Migration Regulations 1994. The Administrative Appeals Tribunal was tasked with reviewing the decision to refuse the visa.

The primary legal issue before the Tribunal was whether Mr Hu satisfied PIC 4005, which requires applicants for permanent visas to be free from certain diseases or conditions that could pose a threat to public health, or that would likely result in significant costs to the Australian community through the need for health care or community services, or prejudice access to such services for Australian citizens and permanent residents. The Tribunal also had to determine whether a Medical Officer of the Commonwealth (MOC) opinion was required, and if so, to treat it as correct.

The Tribunal noted that Mr Hu had undergone a health assessment, but the report was pending due to abnormalities on his chest x-ray requiring specialist input. Despite attempts by the Department to obtain further information, Mr Hu and his family had not fully understood the requirements for a deferred health assessment. The Tribunal granted Mr Hu an opportunity to undertake further medical examinations to finalise the assessment. However, as Mr Hu had not satisfied the requirements of PIC 4005, even after this opportunity, the Tribunal was bound to affirm the decision under review.

Consequently, the Tribunal affirmed the decision not to grant Mr Hu the Other Family (Residence) (Class BU) visa.