1929006 (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a Subclass 602 (Medical Treatment) visa. The applicant sought to enter Australia for medical treatment for depression and grief. The visa application was made under s 359A and s 359(2) of the *Migration Act 1958* (Cth), which relate to invitations to apply for a visa.

The Tribunal was required to determine whether the applicant met the medical treatment requirements for the visa, specifically whether the proposed treatment was for a genuine medical condition. Furthermore, the Tribunal had to assess whether the applicant was a genuine temporary entrant, considering their migration history and any outstanding debts to the Commonwealth. The adequacy of the medical evidence provided in support of the application was also a key issue.

In its reasoning, the Tribunal noted the paucity of medical evidence provided to substantiate the applicant's claimed conditions and the necessity of the proposed treatment in Australia. The Tribunal also considered the applicant's migration history and the presence of outstanding debts to the Commonwealth, which weighed against the applicant's claim to be a genuine temporary entrant. The Tribunal found that the applicant had not satisfied the criteria for the grant of the visa. The decision under review was affirmed.