1810686 (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa (Subclass 602). The applicant, who had sustained a workplace injury, sought to remain in Australia for medical treatment. The primary dispute revolved around whether the applicant genuinely intended to remain in Australia temporarily for the purpose of receiving medical treatment, and whether the proposed treatment would disadvantage Australian citizens or permanent residents.

The court was required to determine if the applicant met the criteria set out in clauses 602.211, 602.212(2), 602.214, 602.215, and 602.216 of Schedule 2 to the Migration Regulations 1994. Specifically, the court had to assess whether the applicant sought to obtain medical treatment in Australia, whether arrangements for this treatment had been concluded, whether the costs of treatment and stay would be met without recourse to the Commonwealth, and crucially, whether the applicant genuinely intended to stay temporarily and had adequate means of support. The court also considered whether granting the visa would disadvantage Australian citizens or permanent residents in accessing medical treatment.

The court found that the medical treatment proposed was for a workplace injury and was being funded by WorkCover South Australia, a statutory scheme. It was satisfied that granting the visa would not disadvantage Australian citizens or permanent residents in obtaining medical treatment or consultations. Furthermore, the court considered the applicant's evidence regarding his intention to return to Malaysia after his treatment, even if it meant separation from his family, and was satisfied that the applicant genuinely intended to stay temporarily in Australia for the purpose of medical treatment. The court also found that the applicant had adequate means to support himself during his intended stay.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria in clauses 602.211, 602.212(2), 602.214, 602.215, and 602.216 of Schedule 2 to the Regulations for a Subclass 602 visa.