1609537 (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 820, brought before the Tribunal by the review applicant. The central dispute revolved around whether the applicant had met the requirements of Public Interest Criterion (PIC) 4007, which mandates medical assessments and freedom from certain diseases that could impact the Australian community, though waivers are possible.

The Tribunal was required to determine if the applicant had satisfied PIC 4007, specifically whether a required medical assessment had been undertaken. The applicant had not initially provided the necessary medical examination evidence. However, subsequent to the delegate's decision, the applicant underwent a medical assessment, and the results were provided to the department.

The Tribunal noted that the department had advised, via email, that the applicant now met the requirements of PIC 4007. Given this development, the Tribunal concluded that the appropriate course of action was to remit the application for the visa to the Minister for reconsideration of the remaining criteria for a subclass 820 visa. The Tribunal directed that for the purposes of clause 820.223(1)(a) of Schedule 2 to the Regulations, the applicant was to be considered as meeting PIC 4007(1).