1820643 (Migration)

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the refusal of a Medical Treatment visa (Subclass 602). The applicant, a citizen of Papua New Guinea, had arrived in Australia in January 2013 and had remained in Australia unlawfully after his initial visa ceased. He had subsequently applied for a permanent visa, which was refused, and then applied for the Medical Treatment visa in March 2018, indicating a need for medical treatment for various conditions and seeking permission to work to cover costs.

The primary legal issues before the AAT were whether the applicant met the criteria for the Medical Treatment visa, specifically whether he was medically unfit to depart Australia under clause 602.212(6) of the Migration Regulations 1994, and whether he genuinely intended to stay temporarily in Australia for the purpose of receiving medical treatment, as required by clause 602.215. The Tribunal was required to consider the evidence provided regarding the applicant's medical conditions, his treatment history, and his future medical needs, as well as his overall circumstances and compliance with visa conditions.

The Tribunal found that the applicant did not meet the criteria under clause 602.212(6) because, although he was in Australia and over 50 years of age, he had not met the criteria for a previously applied-for permanent visa other than health criteria, and there was no evidence from a Medical Officer of the Commonwealth stating he was medically unfit to depart. Furthermore, the Tribunal concluded that the applicant had not demonstrated a genuine intention to stay temporarily in Australia for the purpose of medical treatment, despite acknowledging his ongoing medical consultations and past surgical procedures. The Tribunal affirmed the decision not to grant the visa.