Parjeet Singh (Migration)

This matter concerned an application for an Aged Parent (Residence) (Class BP) visa, subclass 804, by two applicants. The primary dispute revolved around whether the applicants met Public Interest Criterion (PIC) 4005, which requires applicants to be free from certain diseases or conditions that could impact public health or community services. The review was before a member of the Tribunal.

The Tribunal was required to determine two principal legal issues. Firstly, whether the Tribunal retained jurisdiction to consider the application in relation to the first named applicant, given that a death certificate had been lodged indicating their passing. Secondly, if jurisdiction was found to exist for the second named applicant, whether that applicant met the health requirements under PIC 4005, specifically in relation to the primary criteria for the visa.

The Tribunal reasoned that the death of the first named applicant extinguished the Tribunal's jurisdiction to consider their application, as there was no legislative provision within the *Migration Act* or Regulations for such an entitlement to devolve upon another person. Consequently, the Tribunal found it had no jurisdiction in relation to the first named applicant. Regarding the second named applicant, the Tribunal determined that it was not necessary to assess them against the secondary criteria on which the delegate had made an adverse finding. Instead, the Tribunal found that the second named applicant met the primary criteria under clause 804.225 of Schedule 2 to the Regulations, including PIC 4005(1)(a), (b), and (c).

Accordingly, the Tribunal remitted the matter for reconsideration by the Minister in relation to the remaining criteria for the visa, with the direction that the second named applicant met the specified primary criteria.