Amirghan (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant sought to enter Australia to provide emotional and other support to his wife, who was undergoing medical treatment in Australia. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of subclause 602.212(4)(a) of Schedule 2 to the Migration Regulations 1994, which pertains to a "Support person" visa. This subclause requires the applicant to seek to give emotional and other support to a person who meets the criteria for a Medical Treatment visa (subclause 602.212(2) or (3)), among other conditions.

The Tribunal found the applicant, his wife, and their granddaughter to be credible witnesses. It accepted the applicant's evidence regarding the support he provides to his wife, including accompanying her to medical appointments and assisting with her daily needs. The Tribunal was satisfied that the applicant's wife met the relevant requirements for a Medical Treatment visa under cl.602.212(2). Consequently, the Tribunal concluded that the applicant met the criteria under cl.602.212(4)(a) of Schedule 2 to the Regulations.

Based on these findings, the Tribunal decided to remit the application for the Medical Treatment (Visitor) (Class UB) visa for reconsideration by the Minister. The direction was that the applicant met the criteria specified in cl.602.212(4)(a) of Schedule 2 to the Regulations, with the Minister to consider any remaining criteria for the visa.