1822653 (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant sought to use this visa to enable a Ministerial Intervention to lift a section 48B bar, thereby allowing an application for a Protection visa. The Tribunal was required to assess whether the applicant met the requirements for the Medical Treatment visa, acknowledging that it was unlikely she would satisfy these criteria.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as required by clause 602.215 of the Migration Regulations 1994. This involved considering whether the applicant had complied with the conditions of her previous visas, her intention to comply with the conditions of the proposed visa, and any other relevant matters, including circumstances that might encourage her to remain in Australia or return to her home country. The Tribunal also had to determine if the applicant met any of the specific requirements for a subclass 602 visa, as outlined in clauses 602.212 and related provisions.

The Tribunal reasoned that the applicant's stated intention was not to obtain medical treatment but to use the visa application process as a pathway to seek Ministerial Intervention to lift the section 48B bar. It was acknowledged that the applicant was unlikely to meet the genuine temporary entrant requirement for the Medical Treatment visa. The Tribunal concluded that, based on the evidence and the applicant's stated purpose, she did not meet the requirements for the grant of the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Medical Treatment (Visitor) (Class UB) visa.