2003373 (Migration)

The applicant sought review of a decision not to grant a Medical Treatment (Visitor) (Class UB) visa. The applicant had been medically unfit to depart Australia, resulting in a period of unlawful residence. The core of the dispute concerned whether the applicant continued to maintain ongoing residence in Australia for the purpose of medical treatment, and whether they met the criteria for a genuine temporary stay for medical treatment.

The Tribunal was required to determine whether the applicant had demonstrated a genuine temporary stay for medical treatment and whether they continued to meet the requirements for the visa, particularly in light of their extended and unlawful period of residence in Australia. The Tribunal also had to consider the evidence, or lack thereof, regarding continuing medical treatment.

The Tribunal affirmed the decision not to grant the visa, finding that the applicant did not meet the requirements for its grant. This conclusion was based on the Tribunal's findings, which indicated a lack of evidence supporting a genuine temporary stay for ongoing medical treatment. Consequently, the decision under review was affirmed.