2008747 (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, Subclass 602. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, and whether the applicant met the specific medical treatment requirements for the visa. The Tribunal also considered whether the applicant was medically unfit to depart Australia and the applicant's migration history.

The Tribunal was required to assess whether the applicant met the requirements of Clause 602.212, which outlines several alternative sub-criteria for the grant of the visa. Specifically, the Tribunal examined whether the applicant had concluded arrangements for medical treatment, made provisions for payment of all costs associated with treatment and stay, and whether the applicant was free from diseases posing a threat to public health. The Tribunal also considered the sub-criterion relating to being medically unfit to depart Australia, which requires the applicant to be over 50, have applied for a permanent visa and met its criteria except for health, and be medically unfit to depart due to a permanent or deteriorating condition.

The Tribunal found that the applicant did not meet the requirements of Clause 602.212(2) as there was insufficient evidence regarding concluded arrangements for treatment and payment of costs. Furthermore, the Tribunal found that the applicant did not meet the criteria for being medically unfit to depart under Clause 602.212(6), as the applicant had not turned 50 and had not provided evidence of a permanent or deteriorating condition from a Medical Officer of the Commonwealth. The Tribunal also noted the applicant's extensive migration history in Australia on temporary and bridging visas for over fifteen years, and the lack of substantial evidence supporting the claim of depression, despite a booked flight for departure which was not taken.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa, Subclass 602, as the applicant failed to meet the essential criteria for the visa.