Shi (Migration)

This matter concerned an application for Contributory Parent (Residence) (Class DG) visas, specifically Subclass 864, by two applicants, Ms. Ziru Liu and a first applicant. The dispute before the Tribunal centred on whether the applicants met Public Interest Criterion (PIC) 4005, which requires applicants to be free from certain diseases or conditions that could impose significant costs on the Australian community through healthcare or community services.

The primary legal issue before the Tribunal was to determine if the applicants satisfied PIC 4005, particularly in light of the second applicant's diagnosis of advanced lung cancer. The Tribunal was required to assess whether this condition would likely necessitate health or community services resulting in significant cost to the Australian community.

The Tribunal reasoned that the second applicant, Ms. Ziru Liu, had advanced Stage 4 lung cancer, which a Medical Officer of the Commonwealth assessed as likely to require significant healthcare and community services, including chemotherapy and palliative care, resulting in substantial cost to the Australian community. However, the Tribunal noted that a death certificate for Ms. Liu had been provided. Given that the first applicant had received a favourable health assessment and was the only other applicant, the Tribunal concluded that the criterion under PIC 4005(1)(a), (b), and (c) was met by the first applicant.

Consequently, the Tribunal remitted the application for reconsideration by the Minister. The Tribunal directed that the first named applicant be considered to have met the criteria under PIC 4005(1)(c)(ii)(A) for the purposes of clause 864.324 of Schedule 2 to the Migration Regulations 1994.