1930951 (Migration)

This matter concerned an application for review of a delegate of the Minister for Home Affairs' decision to refuse the applicant, a citizen of India, a Medical Treatment (Visitor) (Class UB) visa, Subclass 602. The applicant had a complex migration history in Australia, including periods of unlawful residence and previous unsuccessful applications for a protection visa. The delegate refused the visa on the basis that the applicant did not satisfy clause 602.215 of the Migration Regulations 1994.

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. This required the Tribunal to consider if the applicant met the criteria for a Medical Treatment visa, specifically clause 602.215, which necessitates a genuine temporary stay for medical treatment. The Tribunal also considered whether the applicant met clause 602.217(1) of the Regulations.

The Tribunal affirmed the delegate's decision, finding that the applicant did not genuinely intend to stay temporarily in Australia for medical treatment. This conclusion was based on a significant lack of medical evidence. While a Form 1507 completed by a medical practitioner indicated "adjustment disorder, anxiety / depression" and a recommendation for counselling and potential medication, the Tribunal found this form insufficient to establish a diagnosis. Furthermore, there was no evidence that the applicant had actually undergone any treatment. The Tribunal noted the applicant's extensive history of unlawful residence in Australia, totalling 2685 days, and his failure to provide updated medical reports when requested, leading to the conclusion that the medical evidence was insufficient to support the claimed conditions and the application was made primarily to lend credibility to the visa application.