Zhang (Migration)

This matter concerned an application for a Contributory Parent (Migrant) (Class CA) visa, specifically Subclass 143. The applicant was found by the delegate to not meet the health criteria under Public Interest Criterion (PIC) 4005. The review before the Tribunal was to determine whether the applicant satisfied PIC 4005, which requires an applicant to be free from certain diseases or conditions that could impose a significant cost on the Australian community or prejudice access to health services.

The primary legal issue before the Tribunal was whether the applicant's asymptomatic chronic viral Hepatitis B met the criteria for a disease or condition that would likely require health care or community services, and if so, whether such provision would result in significant cost to the Australian community or prejudice access for Australian citizens or permanent residents. 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, provided the MOC applied the correct test and identified the medical condition and its form or level.

The Tribunal noted that while a MOC opinion was required, it must first be satisfied that the MOC applied the correct statutory criteria. In this instance, the applicant's condition was asymptomatic chronic viral Hepatitis B. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the visa applicant meets PIC 4005(1)(c) for the purposes of cl.143.225 of Schedule 2 to the Migration Regulations.