Amirghan (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant sought to remain in Australia temporarily for medical treatment. The core dispute revolved around whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as required by clause 602.215 of the Migration Regulations 1994. The decision was made by the Tribunal.

The Tribunal was required to determine if the applicant met the requirements of clause 602.215, which necessitates consideration of the applicant's compliance with previous visa conditions, their intention to comply with the conditions of the subclass 602 visa, and any other relevant matters. Crucially, the Tribunal also had to consider whether the exception to this requirement, outlined in clause 602.212(6), applied. This exception relates to applicants who are medically unfit to depart Australia due to a permanent or deteriorating disease or health condition, evidenced by a Medical Officer of the Commonwealth.

The Tribunal found that the applicant's non-urgent elective surgery had been suspended due to COVID-19 pandemic restrictions, which impacted their ability to depart Australia. While the specific details of the applicant's medical condition and their compliance with previous visa conditions were not fully elaborated in the provided text, the Tribunal concluded that the matter should be remitted for reconsideration. This indicated that certain criteria for the visa had not been definitively determined or met at that stage.

Consequently, the Tribunal remitted the application for a Medical Treatment (Visitor) (Class UB) visa for reconsideration by the Minister. The direction was that the applicant met the criteria under clause 602.215 of Schedule 2 to the Regulations, implying that the primary hurdle of genuine temporary stay was considered satisfied for the purpose of remittal, allowing for further assessment of other visa requirements.