Azam (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant, a citizen of Pakistan, sought to remain in Australia temporarily for medical treatment. The central dispute revolved around whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, and specifically, whether they met the criteria for being medically unfit to depart Australia. The decision was made by Member Mary Urquhart of the Tribunal.

The Tribunal was required to determine if the applicant met the requirements for a Subclass 602 visa, particularly clause 602.215 concerning the genuine temporary entrant requirement, and clause 602.212(6) which outlines the conditions for being medically unfit to depart Australia. This latter subclause requires the applicant to be over 50, have applied for a permanent visa and met all criteria except health, have been refused that permanent visa, and be medically unfit to depart due to a permanent or deteriorating condition evidenced by a Medical Officer of the Commonwealth.

The Tribunal found the applicant to be an unreliable witness, noting vagueness and evasiveness in their responses regarding employment, earnings, the onset of their back pain, medical treatment, and personal life. The applicant claimed back pain rendered them unfit to depart Australia, but the Tribunal found this claim did not satisfy the specific requirements of clause 602.212(6), as the applicant did not meet the age criterion (being 29 years old) nor had they provided the requisite evidence from a Medical Officer of the Commonwealth. Furthermore, the Tribunal noted a lack of new medical evidence to support the claim of being unfit to depart, especially in light of previous visa applications.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 602 Medical Treatment (Visitor) visa.