Cama (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought to remain in Australia temporarily for medical treatment, specifically for follicular thyroid carcinoma requiring ongoing reviews for five years. The primary dispute revolved around whether the applicant genuinely intended to stay temporarily in Australia for the stated purpose of medical treatment, as required by clause 602.215 of the Migration Regulations. The decision was made by Angela Cranston.

The Tribunal was required to determine if the applicant met the criteria for a Subclass 602 visa, particularly clause 602.215, which mandates a genuine intention to stay temporarily in Australia for the visa's purpose. This involved considering the applicant's compliance with previous visa conditions, her intention to comply with the conditions of the Subclass 602 visa, and any other relevant matters. A specific exception to this requirement, outlined in clause 602.212(6), relates to medical unfitness to depart Australia, which was not applicable here.

The Tribunal reasoned that while the Department had concerns regarding the applicant's previous unsuccessful onshore permanent visa application and her medical condition, the applicant had provided substantial evidence of her genuine temporary stay intention. The Tribunal accepted the medical evidence detailing the applicant's diagnosis, treatment history, and the necessity for six-monthly reviews over five years. Crucially, the Tribunal also accepted the applicant's assertion of strong family ties to Fiji and her desire to return home upon completion of her treatment and rehabilitation. Furthermore, there was no evidence of non-compliance with her previous tourist or bridging visa conditions, leading the Tribunal to be satisfied that the applicant intended to comply with the conditions of the Subclass 602 visa, namely not working and limiting study to three months.

Consequently, the Tribunal decided that the matter should be remitted for reconsideration.