Dayao (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Partner), made by Ms Dayao. The central dispute revolved around whether Ms Dayao met Public Interest Criterion (PIC) 4007, which relates to health requirements for visa applicants. The case was heard by the Tribunal.

The legal issues before the Tribunal were whether Ms Dayao satisfied PIC 4007, specifically concerning the requirement to undergo a medical assessment and be free from certain diseases or conditions that could pose a threat to public health or prejudice access to community services in Australia. The Tribunal also had to consider the specific medical assessment requirements applicable to her circumstances as a citizen of the Philippines applying for a Partner visa.

The Tribunal reasoned that PIC 4007, as applied to this case, required Ms Dayao to undertake a specified medical assessment because she was a citizen of the Philippines, which is not listed in Schedule 1 of the relevant instrument. Furthermore, a Partner visa, even if temporary, attracts the same medical assessment requirements as a permanent visa under PIC 4007. The Tribunal noted that the department's records indicated that health requirements had been finalised and the applicant auto-cleared, but this did not negate the need for proper assessment under the regulations.

Consequently, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration of the remaining visa criteria, with a direction that Ms Dayao meets PIC 4007 for the purposes of clause 820.223 of Schedule 2 to the Regulations.