Mao (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, Subclass 309, made by Ms. KUANG Humei. The dispute arose when the applicant was assessed by a Commonwealth Medical Officer as not meeting the health requirement under Public Interest Criterion (PIC) 4007, specifically due to asymptomatic chronic viral Hepatitis B. The decision under review was made by the Chief Migration Officer, and the matter was brought before the Tribunal for reconsideration.

The primary legal issue before the Tribunal was whether the applicant satisfied the health requirement as stipulated by PIC 4007. This criterion requires applicants to undergo requested health examinations and not be assessed by a Medical Officer of the Commonwealth as failing to meet the health requirement. The Commonwealth Medical Officer had estimated a significant cost to the Australian community for potential future medical services and pharmaceuticals related to the applicant's Hepatitis B infection, leading to the initial refusal.

The Tribunal's reasoning focused on the applicant's subsequent engagement with a Review Medical Officer. Following this review, the Tribunal found that the applicant met specific criteria outlined in Schedule 2 of the Regulations, namely clauses 100.221 and 100.321. The Tribunal concluded that the matter should be remitted for reconsideration, with a direction that the applicant meets the requirements of clauses 309.225 and 309.311 of Schedule 2, as well as the aforementioned clauses 100.221 and 100.321.