Nguyen (Migration)

This matter concerned a review of a decision to refuse a Subclass 173 (Contributory Parent (Temporary)) visa. The review applicant was the sponsor of the visa applicant, who had provided details of her non-migrating partner and two adult sons. The visa application was initially refused on the basis that not all non-migrating family members had satisfied Public Interest Criterion (PIC) 4005, which requires certain health assessments.

The legal issue before the Tribunal was whether the visa applicant met the requirements of clause 173.227 of the Migration Regulations 1994, which mandates that each member of the visa applicant's family unit who is not applying for the visa must satisfy PIC 4005, unless the Minister is satisfied it would be unreasonable to require such an assessment. This criterion, as it applied, required the non-migrating family members to undergo medical assessments and be free from certain diseases or conditions that could impact the community.

The Tribunal noted that while the visa applicant and her husband had met the health requirements, one of her sons, Nguyen Thanh Trung, had been assessed as not meeting PIC 4005(1)(c)(ii)(A). The Tribunal also considered whether Nguyen Thanh Trung was a member of the visa applicant's family unit for the purposes of the regulations. Ultimately, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the visa applicant met criterion 173.227(b).