2016467 (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought to remain in Australia temporarily for medical treatment. The core issue before the Tribunal was whether the applicant met the requirements of clause 602.215 of the Migration Regulations 1994, specifically whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant met any of the alternative criteria in clause 602.212, particularly clause 602.212(6) concerning being medically unfit to depart Australia. Secondly, if the applicant did not meet the criteria in clause 602.212, the Tribunal had to assess whether the applicant satisfied clause 602.215, which involves considering the applicant's compliance with previous visa conditions, their intention to comply with the conditions of the proposed visa, and any other relevant matters.

The Tribunal reasoned that the applicant did not meet the requirements of clause 602.212(6) as they were not medically unfit to depart Australia, nor had they met the other prerequisites for that subclause, such as having applied for a permanent visa and appearing to meet all criteria except health. Consequently, clause 602.215 applied. In assessing clause 602.215, the Tribunal considered the applicant's visa history, which included previous visa refusals and unsuccessful reviews and appeals, as well as a prior application for ministerial intervention. The Tribunal found no current evidence of a medical condition or treatment, nor an explanation as to why the proposed treatment could not be received in the applicant's home country. The Tribunal concluded that the applicant had not demonstrated a genuine intention to comply with the conditions of the visa and that the proposed period of treatment had already passed.

Accordingly, the Tribunal affirmed the decision not to grant the applicant the Subclass 602 visa.