Nelson (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The applicant sought review of a decision concerning their eligibility for the visa, specifically in relation to health requirements.

The primary legal issue before the Tribunal was whether the applicant met the health requirements stipulated by the Migration Regulations 1994 (Cth) for the subclass 820 visa, specifically concerning Public Interest Criterion 4007. The Tribunal was required to determine if it had sufficient information to make a decision without a hearing, as permitted by section 360(2)(a) of the Migration Act 1958 (Cth).

The Tribunal found that it was able to make a favourable decision for the applicant based on the material before it, without the necessity of a hearing. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria for the Subclass 820 visa, including Public Interest Criterion 4007 as relevant to clause 820.223 of Schedule 2 to the Regulations.