Myers (Migration)

This matter concerned an application for a Contributory Aged Parent (Residence) (Class DG) visa, specifically a Subclass 864 visa. The applicant had not initially provided evidence of a required health assessment to the Department. Subsequently, this evidence was provided to the Administrative Appeals Tribunal. The dispute before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005, which mandates certain health assessments and requires the applicant to be free from specific diseases or conditions that could impact the community.

The Tribunal was required to determine if the applicant had satisfied the health requirements under PIC 4005, given that the necessary medical examination and chest X-ray had been conducted and the results recorded by the Department. The Tribunal considered the provisions of PIC 4005, which require applicants to undertake specified medical assessments and be free from diseases or conditions that pose a threat to public health or could result in significant costs to the Australian community.

The Tribunal found that the applicant had provided the requested documentation, including evidence of a medical examination conducted by BUPA on 5 June 2018. The Department's records indicated that the health requirements were finalised on the same date. Therefore, the delegate was in a position to assess whether the applicant met PIC 4005 and the remaining criteria for the visa. The Tribunal concluded that the appropriate course of action was to remit the application to the Minister for reconsideration, with a direction that the applicant met PIC 4005(1)(aa) for the purposes of clause 864.223 of Schedule 2 to the Regulations.