Public Interest Criteria and Partner Visa
Schedule 4 of the Migration Regulations contains the public interest criteria are applicable to all applicants and even family members who may not include in the application for visa.
The two main public interest criteria that affect partner visa are the health requirements and the Character Provisions.
The health requirements provide the minimum health tests required for approval and if necessary, higher levels of health testing may be requested and performed if there is doubt over the original results.
Public interest criteria 4007 of the Migration Regulations also allows an applicant who do not pass the health test to make a submission to the Department of Immigration explaining what their compelling and compassionate circumstances are in order to receive their permanent residency to stay in Australia.
The fact that the applicant is applying for partner visa shows that if they are refused there is at least an Australian citizen, permanent resident and even children who may be affected by the decision.
This is the general health requirement where the applicant needs to prove that they are:
- Free from (active) tuberculosis;
- Free from any condition that may as a result pose a threat to public health;
- They are not a person who has a condition that requires health care or associated community services or a condition that would result in a significant health care costs or a cost on associated community services.
When assessing the disease or condition, factors to be taken into account include whether it will prejudice the access of Australian citizens or permanent residents to health care or community services that may be in limited supply. The Department are bound by the legislation to test all applicants against the criteria regardless of their intention to actually use any publicly available health care or community services.
The Medical Officer of the Commonwealths opinion regarding an applicant’s ability to satisfy the criteria is final and cannot be changed.