Albert (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa, Subclass 602. The applicant, a French citizen residing in the Northern Territory, sought to remain in Australia for medical treatment. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose of medical treatment, as required by clause 602.215 of the Migration Regulations. This clause mandates consideration of the applicant's compliance with previous visa conditions, their intention to comply with the conditions of the proposed visa, and any other relevant matters. Crucially, this requirement does not apply if the applicant meets the criteria outlined in clause 602.212(6), which pertains to individuals medically unfit to depart Australia due to a permanent or deteriorating condition, and who have applied for a permanent visa in Australia but been refused on health grounds.

The Tribunal found that the applicant did not meet the exception under clause 602.212(6). The applicant was 32 years old, not over 50, had not applied for a permanent visa in Australia, and there was no evidence of medical unfitness to depart. Consequently, clause 602.215 applied. The Tribunal considered the applicant's stated intention to seek medical treatment and self-fund his stay, noting the provided bank and superannuation statements. However, the Tribunal concluded that, based on the cumulative findings, the applicant did not meet the requirements for the grant of the visa.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa.