Lam (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 requirements and satisfied the public interest criteria for the grant of the visa, particularly in light of new information received after the initial decision.

The Tribunal noted that it had received an opinion from a Medical Officer of the Commonwealth (MOC), provided by Bupa, which indicated that the applicant met the relevant health requirements and public interest criteria. Based on this new evidence, the Tribunal was satisfied that the criterion was met and concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for reconsideration with a direction that the applicant meets criterion cl.820.223(1)(a) of Schedule 2 to the Regulations.