1826606 (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision not to grant the applicant a Subclass 602 Medical Treatment visa. The applicant, who was born in Korea, sought to remain in Australia from July 2018 to July 2019 for medical treatment for her Australian citizen daughter, which included psychological counselling. The applicant also requested permission to work due to exceptional circumstances.

The primary legal issue before the Tribunal was whether the applicant met the requirements for the grant of a Subclass 602 Medical Treatment visa, specifically concerning the genuine intention to stay temporarily for medical treatment and the arrangements for payment of treatment and associated expenses. The Tribunal also considered a request to refer the matter to the Minister for consideration of powers under s 351 of the Migration Act 1958, which relates to exceptional circumstances.

The Tribunal affirmed the decision not to grant the visa, finding that the applicant did not meet the necessary requirements. The Tribunal noted that while the applicant provided documentation regarding her daughter's serious medical conditions and treatment, it was not satisfied that all the criteria for the visa had been met. Regarding the request for referral to the Minister, the Tribunal concluded that it should not make such a referral. The Tribunal reasoned that such a request could be made directly by the applicant or their authorised representative, and that in the circumstances of this case, including the applicant's migration history, it would be unreasonable to refer the matter.