Bui (Migration)

The Administrative Appeals Tribunal considered an application by Mr Bui for a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought to remain in Australia temporarily for medical treatment, including organ recipient or consultation. The central issue before the Tribunal was whether Mr Bui genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought.

The Tribunal was required to determine if Mr Bui met the criteria for the grant of the visa, specifically focusing on Clause 602.215 of the Migration Regulations, which mandates that an applicant must genuinely intend to stay temporarily in Australia for the visa's purpose. This assessment involved considering the applicant's compliance with previous visa conditions and their intention to comply with the conditions of the Subclass 602 visa, as well as any other relevant matters, such as their migration history and intentions regarding departure or remaining in Australia. The Tribunal also considered whether an exception to the temporary stay requirement, as outlined in cl 602.212(6) concerning medical unfitness to depart, applied.

The Tribunal found that Mr Bui was 29 years old and in Australia, meaning the exception under cl 602.212(6) was not met. It was satisfied that Mr Bui had substantially complied with the conditions of his previous substantive and bridging visas and was prepared to accept that he would comply with the conditions of the Subclass 602 visa, such as no work and limited study. However, after considering all relevant matters, including the applicant's personal circumstances and migration history, the Tribunal concluded that Mr Bui did not genuinely intend to remain in Australia on a temporary basis for the purpose of medical treatment. The Tribunal also noted that the applicant had waived his right to a hearing and intended to make a direct request to the Minister, but decided not to refer the matter to the Minister.

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