May (Migration)

This matter concerned an application for Partner (Provisional) (Class UF) visas, specifically a Subclass 309 (Spouse (Provisional)) visa. The applicant had undergone examinations by a Medical Officer of the Commonwealth and had provided a signed undertaking to present to a State health authority for a follow-up medical assessment. The decision under review was remitted by the Tribunal for reconsideration.

The primary legal issue before the Tribunal was whether the applicant met the health criteria for the visa, specifically paragraph 4007(1)(d) of Schedule 4 to the Migration Regulations 1994. This paragraph requires an applicant to have provided a signed undertaking to present for a follow-up medical assessment if requested by a Medical Officer of the Commonwealth.

The Tribunal, applying the provisions of the Migration Regulations 1994, found that the applicant had indeed met the health criteria as stipulated in paragraph 4007(1)(d). Consequently, the Tribunal remitted the application for the visas to the Minister for reconsideration, directing that the first-named visa applicant met the specified health criteria for a Subclass 309 visa.