Tribunal: Member Kate Millar
The Department of Home Affairs (the Department) refused to grant the applicant a visa[1] on the grounds he did not meet certain health requirements[2]. The applicant sought a review of this decision from the Administrative Appeals Tribunal (AAT).
The applicant is a three year old boy from the Maldives with significant disabilities including haemophilia A and global developmental delay. As a result, he has significant care needs.
His parents and siblings were granted Temporary Skills Shortage visas, however his visa was refused as a Medical Officer of the Commonwealth found he did not meet the health requirements for the visa.
In reviewing the decision, the AAT found that in the applicant’s particular case, the actual cost to the Australian community is minimal because, as a temporary visa holder, he is not eligible for services through the NDIS or from State Disability Services. As a result, and in light of the overall circumstances, the AAT found that while the applicant did not meet the health criteria, these could be waived as his medical conditions were unlikely to result in undue costs to the Australian community.
The AAT set aside the decision under review and remitted it to the Department for reconsideration.
Read the full decision on AustLII.
[1] Under s.65 of the Migration Act 1958 (the Act)
[2] PIC 4007(2)(b) for the purposes of cl.482.317 of Schedule 2 to the Regulations