KANG (Migration)

This matter concerned an appeal by a Malaysian national against the refusal of a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant, a 50-year-old woman, sought to remain in Australia for 12 months to undergo carpal tunnel surgery and recovery, with costs to be covered by an insurance claim. The delegate refused the application, primarily on the grounds that the applicant did not genuinely intend to stay temporarily in Australia, citing her history of visa applications, including a refused permanent visa application and an attempted Employer Nomination visa application.

The Tribunal was required to determine whether the applicant met the criteria for the subclass 602 visa, specifically cl.602.212, which pertains to seeking medical treatment in Australia, and cl.602.215, concerning the genuine intention to stay temporarily. The Tribunal also considered the applicant's previous visa history and her stated intentions regarding her departure from Australia.

The Tribunal found that while the applicant had provided evidence of her need for carpal tunnel surgery and that her treatment was covered by an insurer, there was insufficient evidence to satisfy the requirements of cl.602.212. Specifically, the Tribunal noted a lack of evidence of concluded arrangements for ongoing physiotherapy treatment and payment for it, despite the applicant's claims. Furthermore, the Tribunal was not satisfied that the applicant genuinely intended to stay temporarily, given her history of applications for permanent residency and her previous requests for permission to work, which indicated insufficient incentives for her to depart Australia.

Consequently, the Tribunal affirmed the delegate's decision not to grant the visa, concluding that the applicant had not met the necessary criteria for the subclass 602 visa.