Di (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 their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the health criteria stipulated in Public Interest Criterion (PIC) 4007 of Schedule 4 to the Migration Regulations 1994. This criterion is a prerequisite for the grant of a Subclass 820 visa.

The Tribunal found that department records indicated the applicant had satisfied the health requirement on 17 March 2022. Furthermore, the applicant's representative had confirmed that the applicant was not subject to further medical assessments, as per legislative instrument IMMI 15/144. Based on this evidence, the Tribunal concluded that the applicant met PIC 4007. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant satisfies PIC 4007 for the purposes of clause 820.223 of Schedule 2 to the Regulations.