Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) visa (Subclass 187). The applicant sought review of a decision that had implications for the satisfaction of health criteria under clause 187.235 and Public Interest Criterion (PIC) 4005 of the Migration Regulations 1994. The core of the dispute revolved around the health status of the applicant's non-migrating sister, Bajinder Kaur, and whether the applicant, as the eldest son, bore a future responsibility for her care that might impact his eligibility.

The Tribunal was required to determine whether the applicant satisfied PIC 4005, particularly in light of the Medical Officer of the Commonwealth's (MOC) finding that the applicant's disabled sister, a non-migrating family member, did not meet the criterion. The Tribunal also had to consider the application of clause 187.235(3), which addresses when it would be unreasonable to require a non-applicant family member to undergo assessment.

The Tribunal reasoned that clause 187.235(1) and (2) require the applicant and their family unit to satisfy PIC 4005. However, clause 187.235(3) provides an exception for non-applicant family members if it would be unreasonable to require them to undergo assessment. In this instance, the MOC had determined that the applicant's sister did not meet PIC 4005. The Tribunal noted that for permanent visas, the exclusion provision in PIC 4005(3) does not apply, meaning the sister's health status was relevant. The Tribunal concluded that the matter should be remitted for reconsideration, with a direction that the applicant satisfies clause 187.235(3).