Perveen (Migration)

This matter concerned an application for a Sponsored Parent (Temporary) visa (subclass 870). The applicant was assessed by a Medical Officer of the Commonwealth (MOC) as having moderate consequences of a stroke. The primary dispute before the Tribunal was whether the applicant satisfied Public Interest Criterion (PIC) 4007, which requires applicants to be free from certain diseases or conditions that could impact the Australian community.

The legal issues before the Tribunal were whether the applicant met the requirements of PIC 4007(1)(a), (b), and (c). Specifically, the Tribunal had to determine if the applicant was free from tuberculosis and any disease or condition that posed a threat to public health or the Australian community, as required by clauses (a) and (b). Furthermore, the Tribunal had to consider whether the applicant was free from a disease or condition that would likely require significant health care or community services, the provision of which would result in substantial cost to the Australian community or prejudice access for Australian citizens or permanent residents, as stipulated in clause (c).

The Tribunal found that the applicant satisfied PIC 4007(1)(a) and (b), being free from tuberculosis and any condition posing a threat to public health or the Australian community. However, the MOC opinion indicated a substantial potential cost to the Australian community associated with supporting the applicant, suggesting a potential failure to meet PIC 4007(1)(c). The Tribunal noted that PIC 4007(1)(c) could be waived if the applicant met all other visa requirements and the granting of the visa would not result in undue cost or prejudice to Australian citizens or permanent residents. Given the evidence presented, including financial capacity of the applicant's family and compassionate considerations, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for a Sponsored Parent (Temporary) (Class GH) visa for reconsideration, with a direction that the applicant meets PIC 4007(2)(b) for the purposes of clause 870.228(3) of Schedule 2 to the Regulations. This indicates that the waiver provision for PIC 4007(1)(c) was considered applicable in this instance.