Aleysha (Migration)

The Administrative Appeals Tribunal affirmed a decision not to grant a Subclass 602 Medical Treatment (Visitor) visa to a minor applicant. The applicant's father, Mr. Abd Aziz Che Awang, had also been granted a Medical Treatment visa. The central dispute concerned whether the applicant qualified for a Medical Treatment visa in her own right or as a support person for her father.

The Tribunal was required to determine the applicant's eligibility for a Subclass 602 visa, specifically considering whether she met the criteria for medical treatment, as an organ donor, as a support person, or under other specific provisions such as Western Province of Papua New Guinea, unfit to depart, financial hardship, or compelling personal reasons. The Tribunal also had to consider the applicant's intentions and motivations, which were largely guided by her father's circumstances, given her age at the time of application.

The Tribunal reasoned that the applicant did not meet the requirements for a Medical Treatment visa under subclause 602.212(2) as she was not seeking medical treatment herself, nor did she meet the criteria for an organ donor under subclause 602.212(3). Crucially, the Tribunal found that the applicant did not satisfy the requirements for a support person under subclause 602.212(4), as the primary applicant (her father) held a Subclass 602 visa based on meeting the medical treatment criteria, and the applicant herself did not meet the necessary public interest criterion 4005. The Tribunal also considered and found the applicant did not meet the other specified subclauses.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 602 visa. However, the Tribunal noted that these findings did not preclude the Department from assessing whether the applicant met the guidelines for Ministerial Intervention, particularly in light of information supporting her father's request.