Vong (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), made by a 35-year-old man from Vietnam. The applicant sought to have the decision under review remitted to the Minister for reconsideration. The applicant and his Australian citizen sponsor claimed to have been in a genuine and continuing de facto relationship for approximately seven years.

The primary legal issue before the court was whether the applicant met the health criteria for the visa, specifically concerning the potential for undue cost to the Australian community or prejudice to the access of Australian citizens or permanent residents to health care or community services. This involved considering whether compassionate or compelling circumstances existed to waive these requirements, as outlined in the Migration Regulations 1994.

The court considered the department's procedural instructions, which indicated that health waiver cases should be assessed on their merits, taking into account factors such as the capacity to mitigate potential costs and the strength of compelling or compassionate circumstances. The court noted that the applicant had an excellent prognosis, while the sponsor had health conditions. The court found that the applicant met certain criteria for the visa, specifically PIC 4007(2)(b) for the purposes of cl 820.223 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa for reconsideration, with the direction that the applicant meets the specified criteria.