2316379 (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought to remain in Australia temporarily for the purpose of receiving medical treatment. The primary issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the stated purpose of medical treatment, as required by clause 602.215(1) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria for a Subclass 602 visa, specifically clause 602.215(1), which mandates a genuine intention to stay temporarily for the visa purpose. This assessment involved considering whether the applicant had substantially complied with the conditions of their last substantive visa and their intention to comply with the conditions of the proposed Subclass 602 visa. The Tribunal also considered whether the applicant met the exception under clause 602.215(2), which relates to being medically unfit to depart Australia, but found the applicant did not meet the age requirement for this exception.

The Tribunal noted that the applicant's previous student visa had been cancelled due to non-compliance, specifically failing to maintain enrolment in a registered course. However, this cancellation decision was later set aside by the Tribunal on review, with the applicant attributing the non-compliance to psychological issues stemming from a relationship breakdown, supported by a psychological report detailing stress, anxiety, and depression. Despite this history, the Tribunal found that the applicant did not meet the specific criteria for being medically unfit to depart Australia. Consequently, the Tribunal determined that the applicant's genuine intention to stay temporarily for the medical treatment purpose needed further consideration.

The Tribunal remitted the application for a Subclass 602 Medical Treatment visa for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 602.215 of Schedule 2 to the Regulations.