Housayri (Migration)

The Administrative Appeals Tribunal considered an application for Partner (Provisional) (Class UF) visas, Subclass 309 (Spouse (Provisional)), made by Fatoom Chiro and her children, Vindara Joma Housayri, Givara Joma Housayri, and Robin Joma Housayri. The primary dispute concerned whether the applicants met Public Interest Criterion (PIC) 4007, which requires applicants in certain circumstances to undergo medical assessments and be free from specific diseases or conditions. The applicants had not provided evidence of having undertaken the required health examinations, leading to the initial refusal of their visas by the Department.

The Tribunal was required to determine if the applicants were in a class of persons specified by the Minister in an instrument in writing for the purposes of PIC 4007(1)(aa), and consequently, whether they were obliged to undertake the specified medical assessment. PIC 4007(1)(aa) mandates that if an applicant falls within a specified class, they must undergo a medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The Tribunal also needed to consider the implications of the applicants' eMedical cases being submitted to the Department of Home Affairs after the Tribunal had notified them of the outstanding health requirement.

The Tribunal found that the applicants did indeed belong to a class of persons specified in IMMI 15/144, meaning they were required to undertake the specified medical tests to satisfy PIC 4007. Although the applicants had not initially provided this evidence, their eMedical cases were submitted to the Department on 19 April 2023, shortly before the Tribunal's review. Given this development and the fact that the applicants had been provided with an opportunity to comply with the health requirements, the Tribunal concluded that the appropriate course of action was to remit the applications for reconsideration by the Minister. The Tribunal directed that the applicants must meet PIC 4007(1)(aa) for the purposes of clause 309.323 of Schedule 2 to the Regulations.