Rous (Migration)

This matter concerned 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 meeting the health criterion.

The central legal issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4007, which requires applicants to undergo specified medical assessments and be free from certain diseases or conditions that could impact public health or the Australian community, unless waived. The applicant had initially failed to provide evidence of undertaking the required medical assessment.

The Tribunal found that the applicant had subsequently provided evidence that the relevant medical examination had been conducted by BUPA, and that their health requirements were recorded as "autocleared" in the Department's system on 24 February 2020. Given this documentation, the Tribunal determined that the delegate was now able to assess whether the applicant met PIC 4007. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant be considered to meet PIC 4007(1)(a) for the purposes of clause 820.223(1)(a) of Schedule 2 to the Regulations.