1931162 (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to refuse the applicant, a citizen of China, a Medical Treatment (Visitor) (Class UB) visa, Subclass 602. The applicant had a complex migration history in Australia, including multiple previous visa applications and refusals, and had been an unlawful non-citizen for a significant period. The delegate's decision was based on the applicant not satisfying clause 602.215 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant met the criteria for the grant of the Medical Treatment (Visitor) visa, specifically clause 602.215, and whether the applicant satisfied Public Interest Criterion 4004, as required by clause 602.217(1) of the Regulations. The applicant had been invited to provide information regarding his eligibility for the visa and to comment on information concerning outstanding debts to the Commonwealth.

The Tribunal noted that the applicant's stated purpose for seeking medical treatment in Australia was for Hepatitis B carrier management, with treatment anticipated from September 2019 to September 2020. However, the applicant failed to provide requested information demonstrating how he satisfied clause 602.215. Furthermore, the Tribunal highlighted that the applicant had outstanding debts to the Commonwealth totalling $9,817.00 from unsuccessful court litigation and $1,400.00 from an unsuccessful Tribunal review. Public Interest Criterion 4004 requires that an applicant does not have outstanding debts to the Commonwealth unless satisfactory payment arrangements have been made. As the applicant did not provide information to satisfy this criterion or respond to the Tribunal's requests, the Tribunal affirmed the decision to refuse the visa.