Kumar (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), by the review applicant. The primary issue before the Tribunal was whether the review applicant met Public Interest Criterion (PIC) 4007, which is a requirement for the grant of this visa. The Department had previously determined that the applicant failed to satisfy PIC 4007, specifically subclause (1)(aa), because they had not undertaken the required medical assessment.

The Tribunal was required to determine whether the review applicant was in a class of persons specified in the relevant instrument (IMMI 15/144) for the purposes of PIC 4007(1)(aa), and if so, whether they had complied with the requirement to undergo the specified medical assessment. PIC 4007(1)(aa) mandates that if an applicant falls within a specified class, they must undertake a medical assessment by a specified person unless a Medical Officer of the Commonwealth decides otherwise.

The Tribunal found that the review applicant was indeed within a class of persons specified in IMMI 15/144. Crucially, the Tribunal noted that on 1 November 2023, evidence was provided confirming that the review applicant had undergone the required health assessment on 6 October 2023. Consequently, the Tribunal concluded that the requirements of PIC 4007(1)(aa) had been met by the review applicant.

Given this finding, the Tribunal determined that the appropriate course of action was to remit the application for the Partner (Temporary) (Class UK) visa for reconsideration by the Minister. The Tribunal directed that the review applicant be considered to have met PIC 4007(1)(aa) for the purposes of clause 820.223 of Schedule 2 to the Regulations, allowing the Minister to assess the remaining criteria for the visa.