Dong (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 602 Medical Treatment visa made by the applicant. The dispute arose because the Department of Home Affairs refused to grant the visa, a decision the applicant sought to have reviewed by the Tribunal. The Tribunal, presided over by Stephen Witts, ultimately affirmed the Department's decision.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose of receiving medical treatment. This involved assessing the applicant's migration history, the length of their stay in Australia, and the evidence presented regarding their need for medical care and the treatment being undertaken.

The Tribunal's reasoning focused on the applicant's extensive and continuous presence in Australia since March 2014, during which time they had not departed their home country. The applicant's previous attempt to obtain a protection visa, which was refused, and the subsequent cancellation of a substantive visa further indicated a potential intention to remain in Australia permanently rather than temporarily for medical treatment. While the applicant provided some evidence of suffering from depression and anxiety, including a mention of potential mindfulness treatment and drug therapy, their responses to the Tribunal regarding their current treatment were vague. The applicant could not clearly articulate the specific treatment they were engaged in, stating they could not remember, although they acknowledged past counselling and a prescription for medication. Furthermore, the applicant's admission of working in the construction sector and being supported by friends and family, while having a family in their home country whom they had not seen for years, did not strongly support a genuine temporary stay for medical purposes.

Consequently, the Tribunal concluded that the applicant had not demonstrated a genuine intention to stay temporarily in Australia for the purpose of receiving medical treatment. The Tribunal affirmed the decision not to grant the visa.