2209403 (Migration)

The Administrative Appeals Tribunal considered an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602, made by a citizen of [Country 1]. The applicant sought to remain in Australia for a period to undergo medical assessment and treatment for lower abdominal pains suspected to be endometriosis. The Department had raised concerns regarding the applicant's genuine temporary entrant status, citing her extensive history in Australia, previous visa refusals, unsuccessful ministerial intervention requests, and a period as an unlawful non-citizen.

The Tribunal was required to determine whether the applicant intended to be a genuine temporary entrant, considering her migration history, her stated intention to return to [Country 1] to care for her elderly parents, and the financial and emotional support she received from her partner in Australia. The applicant also claimed to have received incorrect advice from her legal representatives regarding her migration status and expressed concerns about her current health issues.

The Tribunal reasoned that while the applicant's migration history presented significant concerns, her statutory declaration provided a plausible explanation for her prolonged stay and her current inability to depart. The Tribunal noted her cultural obligation to care for her elderly parents and her lack of ties to Australia that would incentivise her to remain permanently. Despite the adverse migration history, the Tribunal found that the applicant met criterion cl 602.215 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with the direction that the applicant met this specific criterion.