Morris (Migration)

This matter concerned an application for review by the Administrative Appeals Tribunal of a decision to refuse a Contributory Aged Parent (Residence) (Class DG) visa. The applicant sought to meet the health criteria stipulated by Public Interest Criterion (PIC) 4005 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied PIC 4005, which requires an applicant to be free from certain diseases or conditions that may pose a threat to public health, be a danger to the Australian community, or necessitate health care or community services likely to result in significant cost to the Australian community or prejudice access for Australian citizens or permanent residents. The Tribunal was required to consider the opinion of a Medical Officer of the Commonwealth (MOC) in making its determination, as mandated by regulation 2.25A.

The Tribunal affirmed the decision not to grant the visa. It found that the applicant suffered from multiple age-related debilities, was severely frail, had a limited life expectancy, and was unfit for travel. Consequently, it was impossible for the applicant to be moved from her current care arrangements for return to the United Kingdom. The Tribunal therefore supported an application for Ministerial intervention.