Selwanis (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Selwanis and other family members for Other Family (Residence) (Class BU) visas, specifically the Subclass 836 (Carer) visa. The dispute centred on whether the applicants met the health criteria for the visa, as a medical officer of the Commonwealth had formed an opinion that a secondary applicant, a young adult child, had a disease or condition likely to require health care or community services. The applicants had consented to a decision being made without a hearing.

The primary legal issue before the Tribunal was whether the applicants had satisfied the requirements of Public Interest Criterion (PIC) 4005, which relates to health. Specifically, the Tribunal had to determine if the opinion of the medical officer of the Commonwealth regarding the secondary applicant's health condition was to be taken as correct, and if this prevented the grant of the visa.

The Tribunal reasoned that as the secondary applicant, who was a member of the primary applicant's family unit and an applicant for the visa himself, had not satisfied PIC 4005, the visa could not be granted. The Tribunal took the opinion of the medical officer of the Commonwealth as correct, as stipulated by the relevant migration regulations. Consequently, the Tribunal affirmed the decision not to grant the Other Family (Residence) (Class BU) visas to the applicants.