Biskaps (Migration)

The applicant sought review before the Administrative Appeals Tribunal of a decision concerning their Partner (Temporary) (Class UK) visa, Subclass 820. The dispute centred on whether the applicant met the health requirement for the visa.

The Tribunal was required to determine if the applicant satisfied the health requirement as stipulated by Public Interest Criterion 4007, in accordance with clause 820.223 of Schedule 2 to the *Migration Regulations 1994* (Cth).

Member Sripathy reasoned that the applicant had provided updated evidence of the ongoing spouse relationship, crucially including the birth certificate of an Australian citizen child of the relationship. This new evidence was considered significant for the assessment of the health requirement. Consequently, the Tribunal remitted the application for reconsideration by the Department, directing that the applicant be considered to meet the health criteria for the Subclass 820 visa.