ZENGE (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition stream. The applicant sought review of a decision concerning their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.224(1) of the Migration Regulations 1994, which requires the applicant to satisfy Public Interest Criterion (PIC) 4007. PIC 4007 outlines various health requirements, including being free from tuberculosis, free from diseases or conditions that pose a threat to public health or danger to the Australian community, and meeting specific criteria regarding the likelihood of requiring health or community services and the associated costs or prejudice to access for Australian citizens and permanent residents.

The Tribunal noted that the applicant's health assessment had been cleared. However, it acknowledged that there had been developments in the case and that the applicant might not satisfy all aspects of PIC 4007 or other criteria under Part 187. Given the existence of a discretion within PIC 4007 regarding the potential costs associated with an applicant's health condition, the Tribunal determined that it was appropriate for these matters, including other Part 187 criteria, to be considered in the first instance by the Department rather than by the Tribunal on review.

Accordingly, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets PIC 4007(1)(ab) for the purposes of clause 187.224(1) of Schedule 2 to the Regulations.