Gunawan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr. Gunawan for a Subclass 602 Medical Treatment (Visitor) visa. The core dispute concerned whether Mr. Gunawan met the criteria for this visa, specifically whether he genuinely intended to stay temporarily in Australia for the purpose of receiving medical treatment and would comply with visa conditions.

The primary legal issue before the Tribunal was to determine if Mr. Gunawan satisfied clause 602.215 of the Migration Regulations 1994, which requires a genuine intention to stay temporarily for the visa purpose. This clause mandates consideration of the applicant's compliance with previous visa conditions and their intention to comply with the proposed visa conditions, unless an exception applies. The exception relates to applicants who are medically unfit to depart Australia due to a permanent or deteriorating condition, are over 50, have applied for a permanent visa, and have been refused on health grounds.

The Tribunal reasoned that Mr. Gunawan did not meet the criteria for the exception to clause 602.215, as he was 37 years old, had not applied for a permanent visa, and there was no evidence of him being medically unfit to depart Australia. While the Tribunal found no evidence of substantial non-compliance with his last substantive visa or subsequent bridging visas, it noted that Mr. Gunawan had been in Australia unlawfully for a significant period between November 2012 and February 2023. Despite considering ministerial guidelines, the Tribunal decided not to refer the matter for ministerial intervention, concluding that Mr. Gunawan could still make a direct request to the Minister. Consequently, the Tribunal affirmed the decision not to grant the visa.