Hossain (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Hossain for a Subclass 602 Medical Treatment visa. Mr. Hossain applied as a support person for his wife, Mrs. Akhter. The Tribunal was required to determine whether Mr. Hossain met the eligibility criteria for this visa subclass.

The central legal issue before the Tribunal was whether Mr. Hossain satisfied the requirements of subclause 602.212(4)(b) of the Migration Regulations 1994. This subclause mandates that the person to whom the applicant intends to provide support must hold a Subclass 602, 675, or 685 Medical Treatment visa.

The Tribunal found that Mrs. Akhter, the person Mr. Hossain intended to support, did not hold any of the specified visa subclasses. Consequently, Mr. Hossain failed to meet the essential requirement of subclause 602.212(4)(b). The Tribunal also noted that there was no evidence to suggest Mr. Hossain met any alternative subclauses within clause 602.212. Accordingly, the Tribunal affirmed the decision not to grant Mr. Hossain the Medical Treatment (Visitor) (Class UB) visa.