Pham (Migration)

This matter concerned an application for a Contributory Parent (Migrant) (Class CA) visa, Subclass 143, made by a 66-year-old Vietnamese national, his wife, and his daughter. The sponsor was the visa applicant's Australian citizen son. The central issue before the Tribunal was whether the visa applicant met Public Interest Criterion (PIC) 4005, which pertains to health requirements.

The Tribunal was required to determine if the visa applicant had a disease or condition that would likely result in significant cost to the Australian community through the need for health care or community services, or prejudice access to such services for Australian citizens or permanent residents. This assessment was based on a Medical Officer of the Commonwealth (MOC) opinion, which found the applicant had advanced bowel cancer with recurrent metastases, likely to require ongoing chemotherapy, immunotherapy, and palliative care.

The Tribunal's reasoning affirmed the delegate's decision. The MOC's assessment, based on the applicant's condition and its likely progression, concluded that a hypothetical person with the same severity of illness would likely require substantial health care and pharmaceuticals, leading to significant costs for the Australian community. The Tribunal noted that no further medical evidence was provided by the review applicant in response to the MOC's findings.

Consequently, the Tribunal affirmed the decision not to grant the visa applicants Contributory Parent (Migrant) (Class CA) visas, as the primary visa applicant did not meet PIC 4005, rendering the other applicants ineligible under related criteria.