Bico (Migration)

The Administrative Appeals Tribunal considered an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant sought to remain in Australia to care for her Australian resident mother, who had significant care needs as evidenced by a Bupa Medical Report. The applicant's migration agent confirmed that the applicant understood the visa was not for the purpose of caring for a resident or citizen.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a subclass 602 visa, specifically clause 602.212 of the Migration Regulations 1994. This clause outlines seven alternative sub-criteria for the grant of the visa, relating to obtaining medical treatment, acting as an organ donor, providing support, or specific circumstances concerning citizens of Papua New Guinea, being unfit to depart, financial hardship, or compelling personal reasons. The Tribunal also considered whether there were compelling and compassionate reasons for Ministerial Intervention, particularly in relation to a potential Carer visa application.

The Tribunal reasoned that the applicant did not meet the requirements of clause 602.212(2), which pertains to seeking medical treatment in Australia, as the applicant herself did not have a medical condition requiring treatment in Australia. The Tribunal noted that the applicant was barred by section 48 of the Migration Act 1958 from lodging a Carer visa application onshore. While acknowledging the compelling and compassionate reasons for the applicant's mother's need for care, the Tribunal found that these circumstances did not satisfy the specific criteria for the subclass 602 visa.

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