1921025 (Migration)

The applicant sought review of a decision not to grant a Subclass 602 Medical Treatment (Visitor) visa. The core of the dispute concerned whether the applicant genuinely intended to stay temporarily in Australia for the purpose of medical treatment, as required by clause 602.215 of the Migration Regulations. The Tribunal was required to consider the applicant's compliance with previous visa conditions, their intention to comply with the conditions of the proposed visa, and any other relevant matters, including whether the applicant was medically unfit to depart Australia.

The Tribunal considered the exception to the genuine temporary stay requirement outlined in clause 601.212(6), which applies if an applicant is medically unfit to depart Australia. This exception requires the applicant to be in Australia, over 50 years of age, have applied for a permanent visa in Australia and met all criteria except health, and be medically unfit to depart due to a permanent or deteriorating condition evidenced by a Medical Officer of the Commonwealth. The Tribunal found the applicant met the first criterion of being in Australia but not the age requirement. Furthermore, the Tribunal was not satisfied that the applicant had applied for a permanent visa and met its criteria, nor had the applicant provided any medical evidence to demonstrate unfitness to depart.

Given that the applicant did not satisfy the conditions for the exception under clause 601.212(6) and had not provided any medical evidence of unfitness to depart, the Tribunal concluded that the applicant did not meet the requirements for the grant of the visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa.