Nguyen (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, brought before the Tribunal by Mrs Nguyen. The central dispute revolved around whether Mrs Nguyen met Public Interest Criterion (PIC) 4007, which pertains to health requirements for visa applicants.

The Tribunal was required to determine if Mrs Nguyen satisfied PIC 4007, specifically concerning the necessity for a medical assessment and whether she was free from diseases or conditions that could pose a threat to public health or community services in Australia. This involved considering the specific classes of persons and medical assessments mandated by relevant legislative instruments, including IMMI 15/144 as amended by LIN 22/065.

The Tribunal reasoned that Mrs Nguyen, as a citizen of Vietnam and having spent no more than three consecutive months in any country other than Vietnam or Australia in the last five years, was subject to specific medical assessment requirements under PIC 4007(1)(aa). It noted that Subclass 820 Partner visas, despite being temporary, attract the same medical assessment requirements as permanent visas under PIC 4007. The Tribunal found that the department's records indicated that health requirements had been finalised and the applicant had been auto-cleared. However, given the complexity of the criteria and the potential for misapplication, the Tribunal concluded that the most appropriate course of action was to remit the matter for reconsideration.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration, with a direction that the applicant meets PIC 4007 for the purposes of clause 820.223 of Schedule 2 to the Regulations.