2014249 (MIGRATION)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, Subclass 602, before the Tribunal. The applicant, who had been in Australia since 2013, sought to remain temporarily for medical treatment. The primary dispute revolved around whether the applicant genuinely intended to stay temporarily in Australia for the stated purpose of medical treatment, as required by clause 602.215 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria under clause 602.215, which involves considering compliance with previous visa conditions, intention to comply with the proposed visa conditions, and any other relevant matters. Crucially, the Tribunal also had to assess whether the exception to this requirement under clause 602.212(6) applied, which relates to applicants who are medically unfit to depart Australia due to a permanent or deteriorating condition, have applied for a permanent visa, and have been refused on health grounds.

The Tribunal found that the applicant did not meet the criteria for the exception under clause 602.212(6) as she was not over 50 years of age and there was no evidence from a Medical Officer of the Commonwealth indicating she was medically unfit to depart. Consequently, clause 602.215 applied. Despite a complex migration history involving a previous permanent visa refusal due to alleged false documentation, the Tribunal concluded, based on the extensive medical reports and country information regarding her same-sex relationship, that the applicant had a genuine intention to stay temporarily for medical treatment. The Tribunal therefore remitted the application for reconsideration by the Minister, with a direction that the applicant satisfied clause 602.215.