LANGTON (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for an Aged Parent (Residence) (Class BP) Subclass 804 visa. The primary applicant was assessed as having moderate cognitive impairment, likely progressive, due to Alzheimer's disease and normal pressure hydrocephalus. The Tribunal was required to determine whether the applicant met Public Interest Criterion (PIC) 4005, specifically whether they were free from a disease or condition that would likely require health care or community services resulting in significant cost to the Australian community or prejudice access for Australian citizens or permanent residents.

The Tribunal's reasoning centred on the interpretation and application of PIC 4005. It noted that for permanent visa applications, the exclusion provisions for certain health care and community services, as outlined in PIC 4005(3), did not apply. The Tribunal was bound by Regulation 2.25A of the Migration Regulations 1994, which mandates that the opinion of a Medical Officer of the Commonwealth (MOC) must be taken as correct, provided the MOC has applied the correct test. The Tribunal found that an MOC opinion was required in this case and, having been satisfied that the MOC applied the correct test, treated the opinion as conclusive.

Based on the MOC's opinion, the Tribunal concluded that the applicant did not meet the health criteria stipulated by PIC 4005. Consequently, the Tribunal affirmed the original decision not to grant the Subclass 804 visa to the primary applicant. The Tribunal also affirmed the decision regarding the second applicant, who was not a member of a family unit satisfying the primary criteria for the visa.