1915075 (Migration)

The applicant sought review of a decision not to grant a Subclass 602 Medical Treatment (Visitor) visa. The dispute centred on whether the applicant met the criteria for this visa subclass, which is intended for individuals seeking to visit or remain in Australia temporarily for medical treatment or related purposes. The matter was heard by a Member of the Tribunal.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant's visit to Australia was genuinely for the purpose of medical treatment or related purposes, as stipulated by clause 602.211 of the Migration Regulations. Secondly, the Tribunal had to assess whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, in accordance with clause 602.215.

The Member considered the requirements of clause 602.211, noting the need for the applicant to demonstrate the medical treatment sought, the reasons for not pursuing it in their home country, and the progress of any undertaken treatment. The Member found that the applicant had not provided sufficient information to satisfy this clause, particularly given the projected end date of the treatment in the original application had long passed. Consequently, the Tribunal concluded that the requirements of clause 602.212 were not met, which in turn meant that clause 602.215 could not be satisfied. The Member highlighted the lack of oral evidence from the applicant and the scant evidence provided as significant factors in this determination.

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