2305605 (Migration)

This matter concerned an application for merits review of a delegate's decision to refuse the applicant, a Malaysian citizen in Australia, a Medical Treatment (Visitor) (Class UB) visa. The applicant's migration history was extensive, including previous unsuccessful applications for a protection visa and multiple applications for medical treatment visas, with some decisions affirmed by the Tribunal. The applicant had also spent periods as an unlawful non-citizen in Australia before being granted successive bridging visas.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose of receiving medical treatment, as required by clause 601.215 of the Migration Regulations 1994. This involved assessing the applicant's overall migration history, his ties to Australia, and his intentions regarding departure.

The Tribunal considered the applicant's declared purpose of medical treatment for anxiety and depression, supported by a doctor's form. However, it noted the applicant's prolonged stay in Australia on bridging visas since his last substantive visa expired in 2015, his debt to the Commonwealth, and the presence of his wife and child in Australia. Crucially, the applicant failed to provide any information or evidence in response to the delegate's invitation to address these concerns and demonstrate his genuine intention to depart Australia. The Tribunal found that this failure, coupled with the lack of evidence regarding his ties to Malaysia, meant the applicant did not satisfy the temporary stay requirement.

Consequently, the Tribunal affirmed the delegate's decision to refuse the grant of the Medical Treatment (Visitor) (Class UB) visa.