Duan (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought to enter Australia to provide support to Ms Wanqi Sou, who was applying for or held a Medical Treatment visa for medical treatment or organ donation. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the visa at the time of the Tribunal's decision.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 602.212(4) of the Migration Regulations. This clause requires that the person to whom the applicant intends to provide support must hold a Subclass 602 visa and meet the requirements of subclause (2) or (3). The applicant's application was refused because Ms Sou, the person he intended to support, did not hold a Medical Treatment visa.

The Tribunal reasoned that Ms Sou's own application for a Medical Treatment visa had been affirmed by the AAT in a separate proceeding on 20 January 2022, on the basis that she did not satisfy clause 602.212(2). The applicant was notified of this fact and invited to provide comments, but failed to do so. Consequently, the Tribunal found that there was no evidence that Ms Sou held a Medical Treatment visa, nor that she met the criteria under subclause (2) or (3). As the applicant did not demonstrate that the person he sought to support met the necessary criteria, he failed to satisfy clause 602.212(4).

The Tribunal affirmed the decision not to grant the applicant a Subclass 602 Medical Treatment (Visitor) (Class UB) visa.