Dela Cruz (Migration)

This matter concerned an application for review of a decision regarding a Subclass 602 Medical Treatment visa. The applicant, Ashly Dela Cruz, had previously been granted a Medical Treatment visa due to suffering a stroke and suspected Moyamoya disease. The current application was for a further Medical Treatment visa, following a delegate's decision that the applicant had not provided sufficient evidence of a continued need for treatment and monitoring in Australia.

The Tribunal was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, specifically in relation to her ongoing medical treatment. This involved assessing the medical evidence supporting the need for continued treatment and monitoring, as well as the applicant's family's overall circumstances and intentions regarding their stay in Australia.

The Tribunal found that the applicant's medical condition had evolved since the initial decision, necessitating further surgery and investigations. It accepted the evidence provided by the applicant's parents regarding their assets in the Philippines and their family's lack of approval for their marriage, which had influenced their decision to remain in Australia. Given the evolving medical circumstances and the need for further assessment of the remaining visa criteria, the Tribunal determined that the matter should be remitted for reconsideration.

The Tribunal remitted the application for a Medical Treatment (Visitor) (Class UB) visa for reconsideration, directing that the applicant met the criterion of genuinely intending to stay temporarily in Australia for the purpose of medical treatment, as per clause 602.215 of Schedule 2 to the Regulations.