2005027 (Migration)

This matter concerned an application for review of a delegate's decision to refuse a Subclass 602 Medical Treatment visa. The applicant, a Chinese national, had been in Australia since March 2017, initially on a visitor visa, and subsequently held a Bridging E visa after a Protection visa application was refused and appeals were exhausted. The applicant had been an unlawful non-citizen for over 19 months at the time of applying for the medical treatment visa in January 2020, stating a need for treatment for a fractured hand and chronic finger pain.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 602.215 of the Migration Regulations 1994, which pertains to the genuine intention to remain in Australia temporarily for the purpose of receiving medical treatment. The delegate had been unsatisfied with the applicant's stated intention and migration history, and the Tribunal was required to determine if the applicant had provided sufficient evidence to meet this criterion.

The Tribunal noted that the applicant had a significant adverse migration history, including a prolonged period as an unlawful non-citizen and extensive litigation regarding a prior protection visa application. The applicant had been invited by the Tribunal to provide further information regarding his eligibility for the medical treatment visa and his migration history, with a deadline of 9 December 2021. The Tribunal also invited the applicant to a hearing scheduled for 10 December 2021, conditional on the receipt of the requested information. As no response was received by the specified deadline, and the applicant did not attend the hearing, the Tribunal proceeded to make a decision based on the available information. The Tribunal found that the applicant had not provided sufficient evidence to satisfy clause 602.215, particularly in light of his migration history and the lack of further information provided in response to the Tribunal's requests. Consequently, the Tribunal affirmed the delegate's decision.