Din (Migration)

This matter concerned an appeal by the applicant, Mr. Din, against the refusal of his application for a Medical Treatment (Visitor) (Class UB) visa, Subclass 602. The applicant, an elderly gentleman requiring eye surgery, had previously held visitor and medical treatment visas for Australia. The primary dispute revolved around whether the applicant genuinely intended to remain in Australia temporarily for the purpose of receiving medical treatment, as required by clause 602.215 of the Migration Regulations.

The Tribunal was required to determine if the applicant met the genuine temporary entrant criterion under clause 602.215. This involved considering whether the applicant had complied with previous visa conditions, intended to comply with the conditions of the Subclass 602 visa, and any other relevant matters. The Tribunal also had to consider whether the applicant was medically unfit to depart Australia, which would exempt him from this criterion.

The Tribunal found that the applicant had met the genuine temporary entrant criterion. It considered evidence that the applicant had delayed surgery due to fear stemming from a previous unsuccessful operation in Fiji and a desire to use a trusted ophthalmologist. The Tribunal also noted the applicant’s scheduled surgery for February 2018, requiring three months of post-operative care, and the presence of a strong family network in Fiji as incentives for his return. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining criteria for a Subclass 602 visa, with a direction that the applicant met clause 602.215.