Dinh (Migration)

The Administrative Appeals Tribunal, with Member Rosa Gagliardi presiding, considered an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant sought this visa to receive treatment for depression and anxiety in Australia. The core of the dispute revolved around whether the applicant genuinely intended to stay temporarily in Australia for the stated medical purpose, as required by clause 602.215 of the Migration Regulations.

The Tribunal was required to determine if the applicant met the criteria for a genuine temporary stay for medical treatment. This involved assessing whether the applicant had substantially complied with the conditions of their previous visas, intended to comply with the conditions of the proposed Medical Treatment visa, and considering any other relevant matters. Crucially, the Tribunal also had to consider whether an exception to these requirements applied, specifically if the applicant was medically unfit to depart Australia under clause 602.212(6).

The Tribunal's reasoning focused on the inapplicability of the exception in clause 602.212(6). The applicant, born in 1996, had not yet turned 50, had not applied for a permanent visa in Australia that met all criteria except health, and there was no evidence of medical unfitness to depart Australia as certified by a Medical Officer of the Commonwealth. Consequently, the general requirement under clause 602.215 applied. While the applicant's stated purpose of seeking treatment for depression and anxiety was a valid reason for a Medical Treatment visa, the Tribunal found that the applicant did not meet the overall requirements for the grant of the visa.

Therefore, the Tribunal affirmed the decision not to grant the applicant the Medical Treatment (Visitor) (Class UB) visa.