Dhaliwal (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa by Mr Dhaliwal, who sought to enter Australia to provide support to his wife. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Dhaliwal met the criteria for the visa.

The central legal issue before the Tribunal was whether Mr Dhaliwal satisfied clause 602.212(4) of the Migration Regulations 1994. This clause permits the grant of a visa to a person intending to provide emotional and other support to another applicant, provided that other applicant holds a Subclass 602 visa or certain other specified medical treatment visas. The Tribunal specifically considered whether Mr Dhaliwal's wife, Ms Dhaliwal, met the prerequisite of holding one of these specified visas.

The Tribunal's reasoning focused on the fact that Ms Dhaliwal's own application for a Medical Treatment visa had been affirmed by the Tribunal on 5 October 2023. Consequently, she did not hold a Subclass 602 visa, nor was there any evidence before the Tribunal that she held a Subclass 675 or Subclass 685 visa. As clause 602.212(4)(b) requires the person receiving support to hold one of these specified visas, and this was a cumulative requirement, Mr Dhaliwal could not satisfy this criterion. The Tribunal noted that Mr Dhaliwal's application form indicated his purpose was to support a person applying for or holding a medical treatment visa, and there was no evidence to suggest he met any other alternative subclauses within clause 602.212.

Accordingly, the Tribunal found that Mr Dhaliwal did not satisfy clause 602.212 in its entirety. The Tribunal affirmed the decision not to grant Mr Dhaliwal the Subclass 602 Medical Treatment (Visitor) visa.