Whipp (Migration)

This matter concerned an application for review by Ms Whipp, who sought a Partner (Temporary) (Class UK) visa, Subclass 820. The Administrative Appeals Tribunal was tasked with determining whether Ms Whipp met the health criteria stipulated by Public Interest Criterion (PIC) 4007.

The primary legal issue before the Tribunal was whether Ms Whipp satisfied PIC 4007, which mandates that applicants, in certain circumstances, undergo specified medical assessments and be free from diseases or conditions that pose a threat to public health or community services in Australia. This criterion requires individuals from specified countries, or those who have spent significant time in such countries, to undertake particular medical examinations, unless a Medical Officer of the Commonwealth directs otherwise.

The Tribunal noted that Ms Whipp, as a citizen of the United States, was subject to the requirements of PIC 4007. While the department's records indicated that health requirements had been finalised and Ms Whipp recommended as cleared, the Tribunal found that the matter should be remitted for reconsideration. The Tribunal directed that Ms Whipp be considered to meet PIC 4007 for the purposes of clause 820.223 of Schedule 2 to the Regulations.