LEUNG (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class EN) Subclass 187 (Regional Sponsored Migration Scheme) visa. The dispute centred on whether the second applicant met the health criteria as stipulated in Public Interest Criterion (PIC) 4005(1)(c)(ii)(A) of the Migration Regulations 1994. The Administrative Appeals Tribunal, specifically Senior Member R. Skaros, was required to determine the validity of the health assessments in light of updated cost thresholds.

The core legal issue before the Tribunal was to assess whether the second applicant satisfied PIC 4005(1)(c)(ii)(A), which requires that the provision of health care or community services related to a disease or condition would not be likely to result in a significant cost to the Australian community. This assessment was complicated by the fact that two previous Medical Officers of the Commonwealth (MOC) had found the applicant did not meet this criterion, but the threshold for what constituted a "significant cost" had been updated since the last assessment.

The Tribunal reasoned that the applicants had requested a further MOC opinion based on the updated cost threshold. Upon receiving a new opinion from a MOC dated 17 June 2020, which indicated the second applicant now met the health requirement for a permanent stay in Australia, the Tribunal was satisfied that PIC 4005(1)(c)(ii)(A) was met. Consequently, the Tribunal remitted the applications for reconsideration by the Minister, with a direction that the second applicant satisfied this specific health criterion.