Rehman (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse an Employer Nomination (Permanent) visa (Class EN, Subclass 186) to Muhammad Atteq-Ur Rehman and his family, including his child, Zaeem Rehman. The primary issue before the Tribunal was whether Zaeem Rehman, the third applicant, met Public Interest Criterion (PIC) 4005, which is a mandatory requirement for the visa grant.

The Tribunal was required to determine if Zaeem Rehman satisfied PIC 4005, specifically whether he was free from a disease or condition that would likely require health care or community services, and if the provision of such services would result in significant cost to the Australian community or prejudice access for Australian citizens or permanent residents. Regulation 186.235 mandates that both the primary applicant and each member of their family unit must satisfy PIC 4005, unless it is unreasonable to require the family member to undergo assessment.

The Tribunal considered the Medical Officer of the Commonwealth's opinion, which identified Zaeem Rehman as a 12-year-old with moderately severe functional and cognitive impairment, moderately severe intellectual impairment, severe visual impairment, and limited capacity for daily living, requiring additional education support. The Medical Officer opined that these conditions were permanent. The Tribunal noted that Zaeem Rehman had undergone the required medical assessment. However, the Tribunal found that the applicant had not responded to communications from the Tribunal regarding his health status. Consequently, the Tribunal affirmed the decision not to grant the visa, as the primary applicant's failure to meet the prescribed criteria meant that secondary applicants, as members of his family unit, could not satisfy the secondary criteria.