1919496 (Migration)

This matter concerned an application for review of a delegate's decision to refuse to grant the applicant, a citizen of Malaysia, a Medical Treatment (Visitor) (Class UB) visa, Subclass 602. The applicant had been in Australia since August 2012, had previously applied for and been refused a student visa and a protection visa, and had judicial review of those refusals dismissed. The current application for a medical treatment visa was refused on the basis that the applicant did not satisfy clause 602.215 of the Migration Regulations 1994, which requires a genuine intention to stay temporarily for the purpose of the visa.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose of receiving medical treatment, as required by clause 602.215. This required the Tribunal to consider whether the applicant was medically unfit to depart Australia, a condition that would exempt her from satisfying clause 602.215. The Tribunal also had to consider the applicant's compliance with visa conditions and her intention to comply with the conditions of the Subclass 602 visa.

The Tribunal found that the applicant was not medically unfit to depart Australia as she had not reached the age of 50. Consequently, she was required to satisfy clause 602.215. The Tribunal was not satisfied that the applicant genuinely intended to stay temporarily in Australia for medical treatment. This conclusion was informed by the applicant's extended period of stay in Australia since 2012, during which she had been an unlawful non-citizen for 720 days, and her failure to provide requested information regarding her medical treatment, her continued presence in Australia beyond the stated intended departure date, and her Malaysian passport. The Tribunal noted that the applicant had failed to provide essential information requested by the Tribunal, including a medical report detailing her treatment, diagnosis, and prognosis, and an explanation for not having a valid Malaysian passport.

The Tribunal affirmed the delegate's decision to refuse to grant the visa.