SONI (Migration)

This matter concerned an application for an Aged Parent (Residence) (Class BP) visa, subclass 804. The applicant sought review of a decision to refuse the visa, which was based on the applicant not satisfying the health requirements stipulated by Public Interest Criterion (PIC) 4005 of the Migration Regulations 1994. The applicant had been diagnosed with Parkinson's disease, described as a severe functional impairment that was likely to progress.

The primary legal issue before the Tribunal was whether the applicant met the requirements of PIC 4005, specifically whether they were free from a disease or condition that would likely result in significant costs to the Australian community in terms of healthcare and community services, or prejudice access to such services for Australian citizens or permanent residents. As the applicant sought a permanent visa, the exclusion provision in PIC 4005(3) did not apply, meaning PIC 4005(1)(c)(ii)(A) was a relevant criterion.

The Tribunal was required to consider the opinion of a Medical Officer of the Commonwealth (MOC), which, under regulation 2.25A, must be taken as correct unless the Tribunal is satisfied the MOC applied the correct test. The Tribunal noted that the MOC opinion identified the applicant's condition and its likely progression. Applying the criteria of PIC 4005(1)(c)(ii)(A), the Tribunal concluded that the applicant's condition would likely result in significant costs to the Australian community for healthcare and community services.

Consequently, as the applicant had not satisfied the requirements of PIC 4005, the Tribunal affirmed the decision not to grant the Aged Parent (Residence) (Class BP) visas.