CORREA GONZALEZ (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602, made by an applicant suffering from emphysema and leukemia. The applicant, who was born in Venezuela, arrived in Australia in November 2015 to spend time with his Australian citizen son. Due to the deteriorating political and economic situation in Venezuela, including shortages of essential medicines, the applicant was unable to obtain the necessary treatment for his conditions in his home country. He subsequently applied for and was granted extensions of his visitor visa, and then lodged an application for the subclass 602 visa.

The primary legal issues before the Tribunal were whether the applicant genuinely intended to obtain medical treatment in Australia and whether he genuinely intended to stay temporarily in Australia for the purpose for which the visa would be granted. The Tribunal was required to assess the applicant's claims and the evidence presented, including reports from his treating doctors in Venezuela and information regarding the medical supply crisis in Venezuela.

The Tribunal found the applicant and his son to be credible witnesses and accepted their testimonies and the supporting evidence. This evidence strongly indicated that the applicant's presence in Australia was necessitated by his serious medical conditions and the inability to access essential medication and treatment in Venezuela. The Tribunal concluded that the applicant met certain criteria for the subclass 602 visa, specifically cl.602.212(2) and cl.602.215 of Schedule 2 to the Migration Regulations 1994.

Consequently, the Tribunal remitted the application for the subclass 602 visa for reconsideration by the Minister, with a direction that the applicant met the specified criteria.