1921112 (Migration)

This matter concerned an application for a Subclass 602 (Medical Treatment) visa by a Malaysian citizen who had been in Australia since August 2016. The applicant sought the visa for psychological treatment for depression and anxiety. The delegate refused the visa on the basis that the applicant did not satisfy clause 602.215 of the Migration Regulations 1994, which requires an applicant to genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted. The applicant sought review of this decision by the Tribunal.

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. The Tribunal was also required to consider whether the applicant met the criteria in clause 602.212(6), which would exempt him from the requirement to satisfy clause 602.215 if he were medically unfit to depart Australia.

The Tribunal reasoned that the applicant, being [age] years old, could not satisfy clause 602.212(6). Consequently, the Tribunal had to be satisfied that the applicant genuinely intended to stay temporarily for medical treatment. The Tribunal found this was not the case, primarily due to the applicant's extensive migration history which demonstrated a longstanding desire to remain in Australia permanently. The applicant had never departed Australia since his arrival in August 2016 and had instead pursued applications for protection visas and subsequently the medical treatment visa, indicating an unwillingness to return to his home country. The Tribunal also noted that the applicant failed to provide requested information regarding his continued presence in Australia beyond the initially stated treatment period and details of his medical treatment.

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