2305286 (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought to remain in Australia temporarily for medical treatment. The core dispute revolved around whether the applicant met the requirements of clause 602.215 of the Migration Regulations 1994, specifically concerning a genuine intention to stay temporarily for the visa purpose.

The Tribunal was required to determine if the applicant genuinely intended to stay temporarily in Australia for the purpose of medical treatment. This involved assessing whether the applicant had complied substantially with the conditions of their previous visas and whether they intended to comply with the conditions of the proposed Subclass 602 visa. Crucially, the Tribunal also had to consider whether the applicant was medically unfit to depart Australia, as outlined in clause 602.212(6), which would exempt them from the genuine temporary stay requirement.

The Tribunal found that the applicant did not meet the criteria for being medically unfit to depart Australia under clause 602.212(6). This was because the applicant had not turned 50 at the time of application, had not applied for a permanent visa and met all criteria except health, and had provided no evidence of a permanent or deteriorating medical condition from a Commonwealth Medical Officer, nor had they claimed to be medically unfit to depart. Consequently, the exemption did not apply, and the Tribunal was required to assess the applicant's genuine temporary stay intention under clause 602.215. The Tribunal noted the applicant's history of visa cancellations and a prior unsuccessful protection visa application, along with a lack of response to the Tribunal's communications, as relevant matters.

The Tribunal affirmed the decision not to grant the applicant a Subclass 602 Medical Treatment (Visitor) visa, concluding that the applicant did not meet the requirements for the visa grant.