1907240 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), brought before the Tribunal by a Thai national. The applicant's partner, an Australian resident, sponsored the application. The central dispute revolved around the applicant's health status, specifically her diagnosis of Moderate Thalassemia, and whether this condition met the health criteria stipulated by Public Interest Criterion (PIC) 4007 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant met PIC 4007(1)(c)(ii)(A), which mandates that an applicant must be free from a disease or condition that would likely require health care or community services, resulting in significant cost to the Australian community or prejudice to the access of Australian citizens or permanent residents to such services. The Tribunal also considered whether the waiver provision under PIC 4007(2)(b)(i) could be applied, which allows for the waiver of health requirements if the granting of the visa would be unlikely to result in undue cost to the Australian community.

The Tribunal reasoned that while a Medical Officer of the Commonwealth had assessed the potential cost of the applicant's treatment at an extreme figure, this assessment did not accurately reflect the actual costs incurred by the applicant or the potential cost to the Australian community. The applicant's condition was described as mild, and her treatment, including medication and monthly blood transfusions, was largely covered by Medicare and the Pharmaceutical Benefits Scheme, with no direct cost to the applicant. The Tribunal found that the applicant's circumstances, including her stable condition and the existing coverage of her medical needs, meant that granting the visa would not result in undue cost to the Australian community. Furthermore, the Tribunal noted the applicant's long-term same-sex relationship, the registration of their relationship, their acceptance by families, and the potential for persecution and financial hardship in the applicant's home country as factors supporting a waiver.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be deemed to meet PIC 4007(1)(c)(ii)(A) and that the health requirement could be waived under PIC 4007(2)(b)(i).