2201462 (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) (Class UB) visa. The applicant sought to remain in Australia temporarily for medical treatment or consultation. The primary issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, as required by clause 602.215 of the Migration Regulations 1994.

The Tribunal was required to consider whether the applicant had complied substantially with the conditions of his last substantive visa and any subsequent bridging visas, and whether he intended to comply with the conditions of the Subclass 602 visa. The Tribunal also considered whether the applicant was medically unfit to depart Australia, a condition that would exempt him from the genuine temporary stay requirement under clause 602.212(6).

The Tribunal found that the applicant did not meet the criteria for being medically unfit to depart Australia. It then assessed the applicant's genuine intention to stay temporarily. The Tribunal noted the applicant's extensive visa and migration history in Australia, including a period of unlawful residence totalling approximately six years, and multiple previous unsuccessful applications for visas, including protection and medical treatment visas. Despite previous indications of intent to depart, the applicant had not done so. The Tribunal considered that the applicant was highly motivated to remain in Australia and that there was a possibility he would seek a waiver of condition 8503, which prohibits further substantive visa applications while remaining in Australia. Based on these findings, the Tribunal concluded that the applicant did not meet the requirements for the grant of the visa.

The Tribunal affirmed the decision not to grant the applicant a Subclass 602 Medical Treatment (Visitor) (Class UB) visa.