Del Piano (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Del Piano for a Subclass 602 Medical Treatment visa. The applicant sought to remain in Australia for post-operative consultations following a Bilateral Breast Mastopexy procedure. The Tribunal was required to determine whether the applicant met the criteria for the grant of this visa, specifically under clause 602.212(2) and potentially clause 602.212(4) of the Migration Regulations 1994.

The primary legal issue was whether the applicant satisfied the requirements of clause 602.212(2), which pertains to obtaining medical treatment in Australia. This clause necessitates that arrangements for treatment have been concluded, the applicant is free from public health threats, and arrangements for payment of all costs have been made, ensuring these costs will not be a charge on Australian government authorities or have received approval for payment. The Tribunal also considered clause 602.212(4), which relates to a support person, although the applicant's primary claim was for medical treatment.

The Tribunal found that while the applicant had undergone the surgery and paid for it, and that the surgery was complete, the remaining requirement under clause 602.212(2)(a) was that the applicant "seeks to obtain medical treatment (including consultation)" in Australia. The Tribunal accepted that post-operative consultations are a form of medical treatment. However, the Tribunal affirmed the decision not to grant the visa, indicating that the applicant did not meet the necessary requirements. The specific reason for the failure to meet the requirements was not detailed beyond the general statement that the applicant did not meet the criteria.