Perimal-Lewis (Migration)

This matter concerned an application for a Parent (Migrant) (Class AX) visa, Subclass 103, brought by Mrs Gunasegaran, the second named applicant. The central dispute revolved around whether Mrs Gunasegaran met the health requirements stipulated by Public Interest Criterion (PIC) 4005 of the Migration Regulations 1994. The decision was made by Kate Millar, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if Mrs Gunasegaran satisfied PIC 4005, which requires visa applicants to be free from certain diseases or conditions that could pose a threat to public health or result in significant costs to the Australian community. Specifically, Mrs Gunasegaran had a diagnosis of breast cancer, and an initial assessment by a Medical Officer of the Commonwealth on 18 January 2017 found she did not meet the health requirements.

The Tribunal reasoned that subsequent to the initial assessment, Mrs Gunasegaran obtained a further opinion from a Medical Officer of the Commonwealth, dated 15 June 2018. This later opinion concluded that she met the health requirements for a permanent stay in Australia under PIC 4005. The Tribunal stated that it must take this subsequent opinion as correct. Consequently, the Tribunal found that Mrs Gunasegaran satisfied PIC 4005.

The Tribunal ordered that the application for Parent (Migrant) (Class AX) visas be remitted for reconsideration. The direction was that the first named visa applicant, Mrs Gunasegaran, meets PIC 4005 for the purposes of clause 103.227 of Schedule 2 to the Regulations, and that the Minister should reconsider the remaining criteria for the visa.