Chao (Migration)

The Administrative Appeals Tribunal (Cth) considered an application for a Medical Treatment (Visitor) (Class UB) visa made by the applicant, who had a complex visa history in Australia. The applicant sought to remain in Australia for medical treatment, but did not specify the condition or provide evidence of arranged treatment or adequate funds. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically those relating to the genuine intention to obtain medical treatment in Australia and the genuine intention to stay temporarily.

The primary legal issues before the Tribunal were whether the applicant satisfied the requirements of cl.602.212(2) and cl.602.215 of the Migration Regulations 1994. Clause 602.212(2) requires that arrangements have been concluded for the medical treatment, that the applicant is not a threat to public health, and that arrangements have been made for the payment of all costs associated with the treatment and stay. Clause 602.215 requires the applicant to genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted, considering compliance with visa conditions and any other relevant matters.

The Tribunal found that the applicant failed to meet the criteria under cl.602.212(2) because the proposed treatment period had passed, there was no evidence of treatment being provided or concluded arrangements for it, and no evidence of other proposed medical treatment. Consequently, the Tribunal was not satisfied that the applicant met the requirements of cl.602.212(2)(a) or (b). Although not strictly necessary given the failure to meet cl.602.212(2), the Tribunal also considered cl.602.215 and noted that there was no evidence of substantial non-compliance with previous visa conditions.

Ultimately, the Tribunal affirmed the delegate's decision not to grant the visa. This outcome was based on the applicant's failure to satisfy the essential criteria for a Medical Treatment visa, particularly the requirement to demonstrate concluded arrangements for medical treatment in Australia.