Amrin (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, Subclass 602, by a Malaysian national. The applicant had arrived in Australia in August 2016 and subsequently suffered serious injuries in a motor vehicle accident, requiring extensive hospitalisation and ongoing medical treatment, including surgical repair of a complex urethral injury and management of associated complications. The central dispute before the Tribunal was 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(1) of the Migration Regulations 1994.

The legal issue before the court was to determine whether the applicant had demonstrated a genuine intention to depart Australia upon completion of his medical treatment. This involved assessing whether the applicant had complied substantially with the conditions of his last substantive visa, whether he intended to comply with the conditions of the Subclass 602 visa, and considering any other relevant matters, as stipulated by the Migration Regulations. The Tribunal was required to weigh the extensive medical evidence detailing the applicant's ongoing treatment needs against the requirement for temporary stay.

The Tribunal found that the applicant had a genuine intention to stay temporarily in Australia for the purpose of receiving medical treatment. This conclusion was based on the comprehensive medical reports and documentation presented, which detailed the necessity for ongoing surgical procedures, recovery periods, and follow-up care for his severe injuries. The Tribunal considered that the applicant's continued need for medical attention, as evidenced by numerous appointment notices and medical reports spanning several years, supported his claim for temporary stay to complete his treatment.

Consequently, the Tribunal remitted the application for a Medical Treatment (Visitor) (Class UB) visa to the Minister for reconsideration. The Tribunal directed that the applicant met the criteria under clause 602.215(1) of Schedule 2 to the Migration Regulations 1994, specifically concerning the genuine intention to stay temporarily in Australia for the purpose of the visa. The Minister was therefore to consider the remaining criteria for the grant of the Subclass 602 visa.