Ismail (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, and whether the applicant met the criteria under cl.602.212 of the Migration Regulations 1994.

The Tribunal considered whether the applicant met the requirements of cl.602.212, which outlines seven alternative sub-criteria for the basis of the stay in Australia. Specifically, the Tribunal examined cl.602.212(6), which relates to an applicant being medically unfit to depart Australia. This sub-criterion requires the applicant to be in Australia, over 50 years of age, to have applied for and been refused a permanent visa while in Australia (meeting all criteria except health), and to be medically unfit to depart due to a permanent or deteriorating condition evidenced by a Medical Officer of the Commonwealth. The Tribunal found that while the applicant was over 50, there was no evidence that the applicant was in Australia, had applied for and been refused a permanent visa, or was medically unfit to depart Australia as required.

Furthermore, the Tribunal assessed whether the applicant met cl.602.215, which requires a genuine intention to stay temporarily for the visa purpose. The Tribunal noted the applicant had applied for the visa almost two years prior, provided no further information, and failed to respond to Tribunal correspondence. Given the lack of evidence and the applicant's non-engagement with the review process, the Tribunal determined it was appropriate to make a decision without further action. The Tribunal concluded that the applicant had not satisfied the requirements of cl.602.212 and, by extension, had not demonstrated a genuine intention to stay temporarily for the visa purpose.

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