Clayton (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning the health requirement for the visa.

The primary legal issue before the Tribunal was whether the applicant met the health requirement as stipulated by the Migration Regulations 1994. Specifically, the Tribunal had to determine if the evidence before it was sufficient to satisfy the criteria related to medical assessments.

The Tribunal found that a hearing was not necessary, as it could determine the matter based on the existing material pursuant to s 360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the criteria for a Subclass 820 visa, specifically PIC 4007(1)(aa) for the purposes of cl.820.223(1)(a) of Schedule 2 to the Regulations.