ADAMS (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse), brought before the Tribunal by the applicant. The central dispute revolved around whether the applicant met the health criteria, specifically Paragraph 4007 (PIC 4007), as required for the visa grant.

The Tribunal was required to determine if the applicant had undertaken the necessary medical assessment as stipulated by PIC 4007(1)(aa) and if they were free from diseases or conditions that could pose a threat to public health or the Australian community, or result in significant costs or prejudice access to community services. The Tribunal also considered whether the applicant fell within the specified class of persons for whom such assessments were mandatory under IMMI 15/144.

The Tribunal reasoned that the applicant, being a citizen of the United Kingdom, fell within the class of persons specified in IMMI 15/144, thus requiring a medical assessment. While the applicant had initially failed to undergo the requested assessment prior to the delegate's decision, departmental records indicated that the applicant met the health requirements for permanent stay on 3 March 2022. Consequently, the Tribunal concluded that the requirements of PIC 4007(1)(aa) were met.

Given these findings, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets the criteria under PIC 4007(1)(aa) for the subclass 820 visa. The Minister was to proceed to consider the remaining criteria for the visa grant.