Dinh (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, specifically in relation to health requirements.

The central legal issue before the Tribunal was whether the applicant met the health requirements stipulated by Public Interest Criterion 4007 (PIC4007) and subsequently paragraph 820.223 of the Migration Regulations 1994. The Tribunal was required to determine if the evidence provided by the applicant satisfied these health criteria.

The Tribunal reasoned that the applicant had now provided the requested health clearance information to the Department, thereby satisfying the prerequisite criterion under PIC4007 and paragraph 820.223. Consequently, the Tribunal determined that the appropriate course of action was to remit the application for the visa to the Minister for reconsideration of the remaining eligibility criteria for a Subclass 820 visa. The Tribunal directed that the applicant be considered to meet the criterion under PIC4007 for the purposes of paragraph 820.223.