ABILLION (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, brought before the Tribunal. The central dispute revolved around whether the applicant met the health criteria stipulated by Public Interest Criterion (PIC) 4007, which requires applicants to be free from certain diseases or conditions that could pose a threat to public health or result in significant costs to the Australian community.

The Tribunal was required to determine if the applicant had complied with the request to undertake a medical assessment as mandated by PIC 4007(1)(a), (b), and (c). Specifically, the court needed to ascertain whether the applicant was free from tuberculosis, free from diseases or conditions that could threaten public health or the Australian community, and free from conditions likely to require significant health or community services, thereby imposing a substantial cost or prejudicing access for Australian citizens and permanent residents. The Tribunal also had to consider the applicability of Regulation 2.25A, which dictates when the opinion of a Medical Officer of the Commonwealth (MOC) is required and must be taken as correct.

The Tribunal found that the applicant had not responded in a timely manner to a request made on 11 December 2018 to undertake required health examinations, including a Chest X-ray and HIV test, within 28 days. Despite being afforded adequate opportunity, the applicant failed to comply. Consequently, the delegate refused the visa on 27 February 2019 for failing to satisfy clause 820.223(1)(a). Given these findings, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant be taken to meet PIC 4007(1)(a), (b), and (c) for the purposes of clause 820.223.