Griffin (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant sought to obtain a COVID-19 booster vaccine, with their partner remaining in Australia. The core of the dispute revolved around the applicant's previous visa history, specifically a cancelled Working Holiday visa due to the provision of misleading information and a failure to meet the requirements of Public Interest Criterion (PIC) 4020.

The legal issues before the Tribunal were whether the applicant satisfied PIC 4020, which mandates that an applicant must not have provided false or misleading information or a bogus document in relation to a visa application or a previous visa held within the preceding 12 months. The Tribunal also had to consider whether there were compelling or compassionate circumstances that would justify waiving the requirements of PIC 4020(1) and (2), noting that such a waiver does not extend to identity requirements under PIC 4020(2A) and (2B).

The Tribunal reasoned that the applicant had indeed provided false or misleading information in relation to a previous visa application, thereby failing to satisfy PIC 4020(1). The Tribunal noted that the definition of "information that is false or misleading in a material particular" does not require the applicant to have knowingly provided the false information, but rather that an element of fraud or deception by some person is necessary. Furthermore, the Tribunal found that the circumstances presented by the applicant, including the need for a COVID-19 booster vaccine and their partner remaining in Australia, did not meet the threshold for compelling or compassionate circumstances that would justify a waiver of PIC 4020.

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