Tam (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for an Aged Parent (Residence) (Class BP) visa, subclass 804, by an applicant who had not met the health requirements. The dispute centred on whether the applicant satisfied Public Interest Criterion (PIC) 4005, which relates to health.

The primary legal issue before the Tribunal was to determine whether the applicant met the health requirements stipulated by PIC 4005. This involved assessing the medical evidence presented and deciding if any exceptions or considerations could be applied to allow for the grant of the visa despite the initial failure to meet the health criteria.

The Tribunal, presided over by Senior Member Kira Raif, found that the applicant had not satisfied the requirements of PIC 4005. Applying the relevant migration regulations, the Tribunal concluded that there were no grounds to depart from the standard assessment of the health criteria. Consequently, the Tribunal affirmed the decision not to grant the visa.