Tran (Migration)

This matter concerned a review applicant seeking a Contributory Parent (Migrant) (Class CA) visa, subclass 143. The primary issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005, which requires applicants to be free from certain diseases or conditions that could impact the Australian community.

The legal question for the Tribunal was whether the applicant satisfied PIC 4005(1)(c), specifically whether she was free from a disease or condition that would likely require health care or community services, and if the provision of such services would result in significant cost to the Australian community or prejudice access for Australian citizens or permanent residents. Under regulation 2.25A of the Migration Regulations 1994, where a Medical Officer of the Commonwealth (MOC) opinion is required for a permanent visa application, the Tribunal must treat that opinion as correct, provided it has applied the correct test.

The Tribunal considered a MOC opinion dated 8 February 2021, which had been provided to the applicant with an opportunity to respond. The applicant's migration agent advised the Tribunal that the applicant did not wish to comment on the opinion. The Tribunal found that the MOC opinion was valid as it identified the medical condition, the form of the condition, and applied the statutory criteria by reference to a hypothetical person with that condition. Based on this MOC opinion, the Tribunal concluded that the applicant did not satisfy PIC 4005(1)(c)(ii)(A).

Consequently, as the applicant failed to meet the requirements of PIC 4005, the Tribunal affirmed the decision not to grant the Contributory Parent (Migrant) (Class CA) visa.