2217858 (Migration)

This matter concerned an application for review of a delegate of the Minister for Home Affairs' decision to refuse the applicant a Medical Treatment (Visitor) (Class UB) visa. The applicant had previously held various student visas and, following the refusal of a protection visa application, had been an unlawful non-citizen for a period before being granted a series of bridging visas. The application for the Medical Treatment visa was lodged while the applicant held a bridging visa.

The Tribunal was required to determine whether the applicant met the criteria for the grant of a Subclass 602 Medical Treatment visa, specifically whether she satisfied clause 602.215 of Schedule 2 to the Migration Regulations 1994 (Cth). This clause requires that the applicant genuinely intend to stay in Australia temporarily for the purpose of receiving medical treatment and that they will depart Australia at the end of the nominated treatment period.

The Tribunal found that the applicant did not satisfy clause 602.215. The applicant had been invited to provide information to the Tribunal by a specified date and to attend a hearing. However, the applicant failed to provide the requested information by the deadline, leading to the cancellation of the hearing and a decision being made on the review based on the available information. The Tribunal concluded that, based on the information before it, the applicant had not demonstrated that she met the criteria for the visa.

The Tribunal affirmed the delegate's decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa.