Australia: Migration Review Tribunal waives medical inadmissibility criteria for two HIV-positive visa applicants.

Abstract

In two recent cases, Australia's Migration Review Tribunal (MRT) overturned government decisions to refuse the visa applications of HIV-positive candidates for Partner (Temporary) (Class UK) visas on the basis of medical inadmissibility. In doing so, the MRT questioned the opinion of the government medical officer concerning the costs to the Australian community, and took into account the applicants' potential contributions.