Patel (Migration)

This matter concerned an appeal by Mr Paresh Patel and Ms Vasanti Patel regarding a Subclass 186 Employer Nomination Scheme visa. The primary issue before the Tribunal was whether Ms Patel, as a member of Mr Patel's family unit and an applicant for the visa, satisfied Public Interest Criterion (PIC) 4007. This criterion requires applicants to be free from certain diseases or conditions that could impact the Australian community, though waivers are possible. Ms Patel had been assessed as having a "low state" of rheumatoid arthritis.

The Tribunal was required to determine if Ms Patel met the requirements of PIC 4007, specifically whether she had undertaken the necessary medical assessments as stipulated by clauses 4007(1)(aa) and (ab), and whether she was free from diseases or conditions that could pose a threat to public health, result in significant costs to the Australian community for healthcare, or prejudice access to healthcare for Australian citizens and permanent residents, as outlined in clauses 4007(1)(a), (b), and (c).

The Tribunal found that Ms Patel had undertaken the required medical assessments and therefore complied with PIC 4007(1)(aa) and (ab). Given the favourable information received, including the assessment of her rheumatoid arthritis as being in a "low state," the Tribunal concluded that a hearing was not necessary and that the matter could be resolved based on the material before it.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that Ms Patel met the requirements of PIC 4007 for the purposes of clause 186.224 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.