The Federal Circuit Court (FCC) has held that it is an error for the Migration Review Tribunal (MRT) to accept an opinion of a Medical Officer within the Commonwealth that is not supported by evidential proof.
Further to this, the court has also ruled that it is also an error for the Migration Review Tribunal (MRT) to refuse an adjournment of proceedings to enable the review applicant to obtain further information regarding the medical findings of the medical officer.
The above findings were heard at the Haque & Ors V Minister for Immigration & Anor, (2015) FCCA 1765 (2 July 2015).
The case was in relation to a primary applicant, who was a citizen of Hungary was seeking a subclass 886 Skilled Sponsored visa.
The primary applicant had two children, and one of his daughters was a 12-year old girl who suffered from ‘autistic spectrum disorder’.
The daughter was assessed by the Medical Officer that she would be likely to require health care or community services, in which the Case Officer from the Department of Immigration & Border Protection rejected the application on the basis of the PIC 4005.
For more information on what this hearing means for you, or your health requirement please contact us today.