1800663 (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, Subclass 309 (Spouse (Provisional)), made by a citizen of Vietnam. The applicant's husband, the sponsor, is an Australian citizen who had resided overseas for approximately 25 years. The primary issue before the Tribunal was whether the applicant met the health criteria under Public Interest Criterion (PIC) 4007, specifically concerning the potential cost to the Australian community arising from her medical condition.

The Tribunal was required to determine if the applicant met PIC 4007, which mandates that applicants be free from certain diseases or conditions that could pose a threat to public health or result in significant costs to the Australian community. While the applicant met the initial requirements of PIC 4007(1)(a) and (b), a Medical Officer of the Commonwealth (MOC) opinion indicated that granting the visa would likely result in significant costs to the Australian community, meaning the applicant did not meet the health requirement under PIC 4007(1)(c). The delegate had previously refused to exercise discretion to waive this criterion.

The Tribunal considered the MOC opinion, which was dated October 2017 and predated recent policy changes by the Department regarding the assessment of 'significant costs' and the assessment period for permanent visa applicants with permanent conditions. The Tribunal found that the MOC opinion was correct. However, given the age of the MOC opinion and the subsequent policy changes, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister.

The Tribunal remitted the application for the Partner (Provisional) visa for reconsideration, with a direction that the first named visa applicant meets PIC 4007(2)(b) for the purposes of clause 309.225 of Schedule 2 to the Regulations.