2013284 (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602, by a citizen of India. The applicant had been in Australia since April 2007 and sought the visa for medical treatment related to spinal issues, estimating a need for care until July 2021. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant satisfied the criteria for the visa, specifically clause 602.215 of the Regulations.

The central legal issue before the Tribunal was whether the applicant met the requirements for the grant of the Medical Treatment (Visitor) visa. This involved assessing the applicant's genuine intention to stay temporarily in Australia for medical treatment and to maintain ongoing residence in their home country, particularly in light of their extensive and complex migration history. The Tribunal also considered the applicant's status as an unlawful non-citizen.

The Tribunal affirmed the delegate's decision not to grant the visa. It noted that no new information regarding the applicant's medical condition or treatment had been provided to the Tribunal. Crucially, the Tribunal considered the applicant's adverse migration history, which included multiple visa applications, refusals, withdrawals, and periods of unlawful status since 2012. The applicant had been an unlawful non-citizen without a valid visa from March 2017 until the present. Given this history and the lack of new evidence, the Tribunal concluded that the applicant did not meet the requirements for the visa. The Tribunal therefore affirmed the decision under review.