Fauzi (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, Subclass 602, by Mr Fauzi. The applicant, who was 20 years old at the time of the decision, had arrived in Australia with his parents and three younger siblings on a tourist visa for a holiday. Four days after their arrival, the family was involved in a serious motor vehicle accident in which one of the applicant's siblings, Master Jibrail Fauzi, died.

The Tribunal was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as stipulated by clause 602.215 of the Migration Regulations 1994. This involved considering whether the applicant had complied with the conditions of any previous substantive or bridging visas, whether he intended to comply with the conditions of the Subclass 602 visa, and any other relevant matters. The Tribunal also had to consider factors such as the applicant's personal circumstances that might encourage return to his home country, circumstances in his home country that might encourage him to remain in Australia, and the presence of immediate family members in his home country.

The Tribunal noted that the applicant had submitted little evidence to demonstrate he met the visa requirements at the time of application. However, it acknowledged the significant personal circumstances arising from the car accident, including the death of his sibling, which had occurred shortly after the family's arrival. The Tribunal considered that these circumstances were a relevant matter under clause 602.215(1)(c).

The Tribunal remitted the application for a Medical Treatment (Visitor) (Class UB) visa for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 602.215 of Schedule 2 to the Regulations.