1827269 (Migration)

The Administrative Appeals Tribunal considered a Medical Treatment (Visitor) (Class UB) visa application. The applicant sought to remain in Australia temporarily for medical treatment. The core of the dispute revolved around whether the applicant met the criteria under clause 602.215 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied clause 602.215, which pertains to the grant of a Subclass 602 visa. Additionally, the Tribunal had to consider the applicant's request for a referral to the Minister for potential intervention under section 351 of the Migration Act 1958, based on submissions that the case presented unique or exceptional circumstances.

The Tribunal affirmed the decision not to grant the visa, finding that the applicant did not meet clause 602.215, a concession made by the applicant's representative. The Tribunal also addressed a non-disclosure certificate issued under section 376 of the Act, finding it validly made but not relevant to the core issues. Despite acknowledging the applicant's circumstances, including an Australian citizen partner and children, former legal negligence affecting a partner visa application, and potential financial hardship, the Tribunal concluded that the applicant did not meet the visa criteria. However, the Tribunal considered the cumulative effect of the presented factors and determined that it would be appropriate to make a referral to the Minister for consideration of intervention under section 351.