Hayat (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa, reviewed by the Tribunal. The applicant sought to remain in Australia temporarily for medical treatment. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether they were medically unfit to depart Australia under clause 602.212(6) of the Migration Regulations 1994, and if not, whether they genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as per clause 602.215.

The Tribunal's reasoning focused on the specific requirements of the Migration Regulations. It found that the applicant did not satisfy the criteria under clause 602.212(6) because there was insufficient evidence that the applicant was medically unfit to depart Australia due to a permanent or deteriorating disease or condition, as evidenced by a Medical Officer of the Commonwealth. Consequently, the Tribunal proceeded to assess the applicant's genuine intention to stay temporarily under clause 602.215, considering their compliance with previous visa conditions and their intention to comply with the conditions of the Subclass 602 visa, as well as any other relevant matters.

Ultimately, the Tribunal was not satisfied that the applicant met the requirements for the grant of the visa. Therefore, the decision under review, which refused the visa, was affirmed.