2100971 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, where the applicant had not met the prescribed health requirements. The applicant had established a lengthy relationship of six years with their partner, who held Australian citizenship, and had developed significant family and social connections within Australia. The cost of any necessary medical treatment was not considered significant.

The primary legal issue before the Tribunal was whether the criteria for waiving the health requirement under Public Interest Criterion (PIC) 4007(1)(c) could be satisfied, given the applicant's circumstances. This involved assessing whether the applicant met all other requirements for the visa, notwithstanding the health concerns.

The Tribunal found that the applicant's extensive social, emotional, and family ties to Australia, coupled with the length and genuineness of their relationship, weighed heavily in favour of granting the visa. The Tribunal determined that PIC 4007(2)(b) should be applied for the purposes of clause 820.223 of Schedule 2 to the Regulations, indicating that the health requirement could be waived. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant meets the specified criteria for the Subclass 820 visa.