Eustasie (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 602 Medical Treatment (Visitor) visa. The applicant and her husband had engaged a migration agent who, they alleged, missed a deadline for a review of a Subclass 187 visa application. The applicant and her husband stated they were unaware of the specifics of the Subclass 602 application, believing it might be connected to the Subclass 187 review, and that the process was stressful and confusing. The applicant’s husband had obtained a medical certificate for stress, indicating he needed to be put off work for five days. The applicant confirmed that her husband did not have a medical illness requiring treatment or preventing his departure from Australia.

The legal issues before the court were whether the applicant met the requirements for the grant of a Subclass 602 visa, specifically whether she genuinely intended to stay temporarily in Australia for the purposes for which the visa is granted, and whether her husband required medical treatment in Australia necessitating her support. The court also considered the applicant's stated desire to remain in Australia due to her family being settled and her son considering himself Australian.

The court reasoned that the applicant did not meet the criteria for the Subclass 602 visa. The applicant confirmed her husband had no medical illness requiring treatment or preventing his departure, which was a key requirement for the visa, particularly under the "Support person" criteria. While the applicant expressed a desire to remain in Australia due to her family's settlement, this was not a basis for granting a Medical Treatment visa. The court noted the applicant was vague when asked about the purpose of the Subclass 602 visa application, and it appeared the application may have been made to facilitate a Ministerial Intervention request concerning the husband's Subclass 187 visa, rather than for genuine medical treatment.

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