Kaiva (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant sought review of a decision that had not granted the visa. The Tribunal, constituted by Brygyda Maiden, considered whether the applicant had met the health criteria as stipulated by Public Interest Criterion (PIC) 4007.

The primary legal issue before the Tribunal was whether the applicant had complied with PIC 4007(1)(aa), which requires certain applicants to undergo a specified medical assessment unless a Medical Officer of the Commonwealth decides otherwise. The Department had initially requested the applicant complete a health examination, but at the time of the delegate's decision, this had not occurred, nor had an appointment been made. The Tribunal was tasked with determining if the applicant subsequently met this criterion.

The Tribunal reasoned that while the applicant had not initially complied with the health examination requirement, subsequent actions demonstrated compliance. Following the hearing, the Tribunal invited the applicant to undertake the examination and provide evidence of booking and completion by a specified date. The applicant then provided evidence of booking and attending a medical appointment on 22 February 2023, and a medical certificate and receipt were submitted. Upon reviewing the Department's records on 1 March 2023, the Tribunal found that the health requirement was "finalised" and "recommended cleared." Consequently, the Tribunal was satisfied that the applicant met PIC 4007(1)(aa) for the purposes of clause 820.223.

Given this finding, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant meets PIC 4007(1)(aa) for the purposes of cl 820.223 of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the visa.