Akhtar (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Akhtar, a citizen of Pakistan, for a Medical Treatment (Visitor) (Class UB) visa (subclass 602). Mr. Akhtar sought to remain in Australia for medical treatment, citing a need for long-term care for a serious illness, including speech therapy, personal care assistance, and physiotherapy following strokes. He indicated that his treatment would be provided by a specific medical practitioner and that he would be funded by a sibling residing in Australia.

The primary legal issue before the Tribunal was whether Mr. Akhtar met the criteria for the subclass 602 visa, particularly concerning the requirement for current medical evidence demonstrating a need for treatment in Australia and the absence of any condition that would render him medically unfit to depart Australia. The Tribunal also had to consider whether Mr. Akhtar had provided sufficient information to satisfy the delegate of his genuine need for medical treatment in Australia and the associated costs.

The Tribunal noted that the applicant had failed to provide current medical evidence to substantiate his ongoing need for treatment in Australia. While he had previously indicated a need for long-term care, the information provided was general and lacked specific details about the nature and progression of his condition. Furthermore, the Tribunal observed that Mr. Akhtar had a significant number of immediate family members in Australia, including his father, mother, four siblings, and two children, which, coupled with the lack of compelling medical evidence for treatment in Australia, suggested an incentive to remain in the country. The Tribunal also referred to clause 602.212(6) of the Migration Regulations, which outlines specific criteria for an applicant to be considered medically unfit to depart Australia, none of which were met by Mr. Akhtar.

Consequently, the Tribunal affirmed the decision not to grant Mr. Akhtar the Medical Treatment (Visitor) (Class UB) visa, finding that he had not met the requirements for its grant.