1922076 (Migration)

The applicant sought review of a decision not to grant a Subclass 602 Medical Treatment (Visitor) visa. The applicant claimed to require ongoing medical treatment in Australia. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically cl 602.215, which mandates that an applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. This assessment involves considering the applicant's compliance with previous visa conditions and their intention to comply with the conditions of the Subclass 602 visa, unless an exception applies.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of cl 602.215, particularly in light of their adverse migration history and past lack of compliance. A key consideration was whether the applicant was medically unfit to depart Australia, as provided for in cl 602.212(6), which would exempt them from the general temporary stay requirement. The Tribunal also had to assess whether the applicant met the specific criteria for seeking medical treatment in Australia under cl 602.212(2).

The Tribunal reasoned that the applicant did not meet the criteria for the Subclass 602 visa. While the applicant claimed to seek medical treatment in Australia, the Tribunal found no evidence that the applicant was medically unfit to depart Australia, a condition that would have exempted them from the temporary stay requirement under cl 602.215(2). Specifically, the Tribunal noted that the applicant did not meet the mandatory age requirement of 50 years stipulated in cl 602.212(6) for being considered medically unfit to depart. Furthermore, the applicant's past lack of compliance with visa conditions was a relevant matter under cl 602.215(1)(a), indicating a lack of genuine intention to comply with visa conditions.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 602 Medical Treatment (Visitor) visa, finding that the applicant did not meet the necessary requirements for the visa grant.