Chen (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa by a 26-year-old national of China. The applicant had been in Australia since 2010, with their last substantive visa expiring in March 2013. Following unsuccessful applications for a Protection Visa and subsequent judicial review, the applicant lodged an invalid Medical Treatment visa application in July 2017, followed by a valid application in March 2018, while holding a Bridging Visa. The applicant claimed to require treatment for anxiety and depression.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose of receiving medical treatment, as required by clause 602.215 of the Migration Regulations. This required the Tribunal to consider the applicant's compliance with visa conditions, their intention to comply with future conditions, and any other relevant matters, unless the applicant was medically unfit to depart Australia. The Tribunal also had to assess whether the applicant had provided sufficient information to satisfy the visa criteria.

The Tribunal found that the applicant's stated intention to remain in Australia from March to December 2018 for treatment was not supported by evidence of an ongoing treatment plan or regular consultations with a medical professional. The applicant admitted to intending to stay in Australia and work to fund their medical treatment, rather than solely seeking treatment. This, coupled with the applicant's extensive adverse migration history, including over six years in Australia without a substantive visa, led the Tribunal to conclude that the applicant did not genuinely intend to stay temporarily for the purpose of medical treatment.

Consequently, the Tribunal determined that clause 602.215 was not met and affirmed the decision not to grant the applicant the Subclass 602 Medical Treatment visa.