1932020 (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment visa, reviewed by the Tribunal. The applicant sought to remain in Australia temporarily for medical treatment for depression. The core dispute revolved around whether the applicant genuinely intended to stay temporarily in Australia for the stated purpose of medical treatment and whether the specific requirements for the visa subclass were met.

The Tribunal was required to determine if the applicant met the criteria under Clause 602.211, which mandates that the applicant seeks to visit or remain in Australia temporarily for medical treatment or related purposes. Further, the Tribunal had to assess whether the applicant satisfied the requirements of Clause 602.212, specifically subclause (2) concerning the arrangements for treatment, payment of costs, and the applicant's health status. Additionally, the Tribunal considered Clause 602.215, which requires the applicant to genuinely intend to stay temporarily and to have complied with previous visa conditions, unless medically unfit to depart.

The Tribunal found that while the applicant claimed to have depression requiring treatment, there was no evidence of consultation with health professionals, nor were arrangements for treatment or payment of costs concluded. Consequently, the applicant failed to meet the requirements of Clause 602.212(2). The Tribunal also determined that the applicant was not medically unfit to depart Australia. Crucially, the Tribunal considered the applicant's extensive migration history, which indicated a continuous presence in Australia for over twenty-three years, involving numerous visa applications, appeals, and periods as an unlawful non-citizen. This history was considered overwhelmingly indicative of a lack of genuine intention to stay temporarily in Australia.

Based on these findings, the Tribunal concluded that the applicant did not meet the requirements for the grant of the visa. Accordingly, the Tribunal affirmed the decision not to grant the applicant a Subclass 602 Medical Treatment visa.