Hossain (Migration)

This matter concerned an application by Master Hossain for a Subclass 602 Medical Treatment visa, made under clause 602.212(4) of the Migration Regulations 1994. Master Hossain applied as a support person for his mother, Mrs Akhter. The Administrative Appeals Tribunal, constituted by Paul Windsor, was required to determine whether the decision to refuse the visa should be affirmed.

The central legal issue before the Tribunal was whether Master Hossain met the requirements of cl.602.212(4)(b), which stipulates that the person to whom support is to be provided must hold a Subclass 602, 675, or 685 Medical Treatment visa. The Tribunal also considered whether Master Hossain met any alternative subclauses within cl.602.212.

The Tribunal reasoned that Master Hossain did not satisfy the requirements of cl.602.212(4)(b) because his mother, Mrs Akhter, did not hold any of the specified medical treatment visas. The Tribunal found no evidence to suggest that Master Hossain met the criteria under any other subclauses of cl.602.212. Consequently, the Tribunal concluded that the applicant did not meet the requirements for the grant of the visa.

The Tribunal affirmed the decision not to grant Master Hossain a Medical Treatment (Visitor) (Class UB) visa.