Ho (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 602 Medical Treatment visa. The applicant sought to remain in Australia temporarily for medical treatment. The central dispute concerned whether the applicant possessed adequate financial means, or access to such means, to support himself during his intended period of stay in Australia.

The Tribunal was required to determine if the applicant met the requirements of clause 602.216 of the Migration Regulations, which mandates that an applicant have adequate means or access to adequate means for their support in Australia. This clause does not apply if the applicant is medically unfit to depart Australia under specific conditions outlined in clause 602.212(6). The Tribunal first considered whether the applicant met the criteria for the exception under clause 602.212(6), specifically whether he had turned 50 years of age.

The Tribunal found that the applicant, born in 1995 according to his passport and application, had not reached the age of 50. Consequently, the exception under clause 602.212(6) was not applicable, and the requirement under clause 602.216 remained in force. The applicant had stated his stay would be self-funded from savings and estimated the duration of medical care, but failed to provide any cost estimates for his treatment or living expenses. Neither the original delegate nor the Tribunal received further evidence to substantiate the applicant's claim of sufficient funds.

Based on the evidence presented, the Tribunal was not satisfied that the applicant had adequate means or access to adequate means to support himself during his intended stay. Therefore, the applicant failed to meet the requirements of clause 602.216. The Tribunal affirmed the decision not to grant the Subclass 602 Medical Treatment visa.