Abd Aziz (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa by a minor, who was the son of the primary applicant, Mr Abd Aziz Che Awang. The Tribunal was required to determine whether the applicant qualified for a Medical Treatment visa in his own right, or as a support person for his father, who held a Medical Treatment visa. The applicant's intentions and motivations were considered to be largely guided by his father's.

The central legal issue before the Tribunal was to assess whether the applicant met the criteria for a Subclass 602 visa, specifically under the provisions relating to medical treatment or as a support person. The Tribunal examined clause 602.212, which outlines the requirements for various streams within the Subclass 602 visa, including medical treatment, organ donation, support person, and other specific circumstances. The Tribunal also considered the applicant's age and the fact that his application was intrinsically linked to his father's.

The Tribunal's reasoning focused on the specific requirements of clause 602.212. It noted that the applicant was a minor whose intentions were guided by his father. While the Tribunal acknowledged the potential for Ministerial Intervention, based on the father's community support, it ultimately affirmed the decision not to grant the applicant a visa. The Tribunal's decision was that the applicant did not meet the criteria for a Medical Treatment (Visitor) or a Medical Treatment (Support Person) visa under subclass 602.