1826120 (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought to remain in Australia temporarily for medical treatment, specifically for "reactive depression," and indicated an intention to stay from July 2018 to July 2020. The applicant had a history of previous protection visa applications which were refused and subsequently dismissed on review by the Federal Court of Australia. The applicant also had a prior invalid medical treatment visa application and remained in Australia on a bridging visa. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose of receiving medical treatment.

The Tribunal was tasked with assessing whether the applicant met the criteria for the Subclass 602 visa, particularly clause 602.215 concerning the genuine temporary stay requirement. This involved examining the applicant's stated purpose for seeking treatment, the evidence provided regarding the medical condition and proposed treatment, and the applicant's overall visa and residence history in Australia. A key consideration was whether the applicant met any of the alternative criteria under clause 602.212, including the specific provision for being medically unfit to depart Australia. The Tribunal also noted that the applicant failed to respond to invitations to provide further information or address concerns about a debt to the Commonwealth, leading to the hearing being cancelled and the decision being made on the available information.

The Tribunal found that the applicant had not provided sufficient information to satisfy the requirements for the visa. While the applicant claimed to require treatment for depression and identified a medical practitioner, the details of the treatment were vague, and no further information was provided to the Department or the Tribunal beyond an initial form. Crucially, the Tribunal determined that the applicant did not meet the criteria under clause 602.212, specifically the subclause relating to being medically unfit to depart Australia, as the applicant had not met the prerequisites for that provision. Given these findings, the Tribunal concluded that the applicant did not meet the requirements for the grant of the visa.

The Administrative Appeals Tribunal affirmed the decision not to grant the applicant a Subclass 602 Medical Treatment (Visitor) visa.