Ali (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment visa by an unlawful non-citizen with an adverse migration history. The applicant sought to remain in Australia temporarily for medical treatment. The Tribunal was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose of the visa, having regard to their compliance with previous visa conditions and their intention to comply with the conditions of the proposed visa.

The Tribunal considered clause 602.215 of the Migration Regulations, which outlines the genuine temporary stay requirement. This clause provides an exception if the applicant meets the criteria in subclause 602.212(6), which relates to being medically unfit to depart Australia. The criteria for this exception include being over 50, having applied for and been refused a permanent visa in Australia while meeting all criteria except health, and being medically unfit to depart due to a permanent or deteriorating condition evidenced by a Medical Officer of the Commonwealth.

The Tribunal found that the applicant did not provide the required written statement from a Medical Officer of the Commonwealth to evidence medical unfitness to depart, as stipulated in clause 602.212(6)(f). Consequently, the applicant failed to satisfy the exception to the genuine temporary stay requirement. As the applicant did not meet the requirements for the grant of the visa, the Tribunal affirmed the decision not to grant the Subclass 602 Medical Treatment visa.