Kaur (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 602 Medical Treatment visa made by Ms Kaur. The delegate had refused the visa, finding that Ms Kaur was not a genuine temporary entrant. Ms Kaur sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether Ms Kaur genuinely intended to stay temporarily in Australia for the purpose of receiving medical treatment, as required by clause 602.215 of the Migration Regulations. This required the Tribunal to consider Ms Kaur's compliance with previous visa conditions, her intention to comply with the conditions of the proposed visa, and any other relevant matters. The Tribunal also had to consider whether an exception applied, specifically if Ms Kaur was medically unfit to depart Australia under clause 602.212(6).

The Tribunal noted that Ms Kaur had been in Australia since 2009, had never returned to her home country, and had significant periods of unlawful residence. She stated she was unemployed, had no money, and relied on friends for financial support. While she claimed to be receiving physiotherapy for a sore back and shoulder, she could not recall the name of her condition and admitted that the cost of consultations ($280) made regular treatment unaffordable. She also stated she would return home once her shoulder condition improved. The Tribunal found no evidence of her medical condition or any indication that she was medically unfit to depart Australia. Consequently, the Tribunal concluded that Ms Kaur did not meet the genuine temporary entrant requirement.

The Tribunal affirmed the delegate's decision not to grant Ms Kaur a Subclass 602 Medical Treatment visa.