Kiako (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 602 Medical Treatment (Visitor) visa. The applicant's intention to remain in Australia temporarily for the purpose of medical treatment was in dispute.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was sought, as required by clause 602.215 of the Migration Regulations. This required the Tribunal to consider the applicant's compliance with previous visa conditions, their intention to comply with the conditions of the Subclass 602 visa, and any other relevant matters.

The Tribunal noted that the applicant had been in Australia since November 2014, having arrived on a student visa that was later cancelled because the applicant was not a genuine student. The applicant had also previously applied for a medical treatment visa, which was rejected, and an unsuccessful review was sought. While the Tribunal accepted that the applicant had sought medical advice and had provided some evidence of ongoing medical investigations and appointments, the applicant's extensive adverse migration history, including remaining in Australia beyond the validity of previous visas and the cancellation of a student visa, weighed heavily against a finding that they genuinely intended to remain in Australia temporarily. The Tribunal found that the applicant did not meet the requirements of clause 602.215.

The Tribunal affirmed the decision under review, meaning the applicant's application for the Subclass 602 visa was refused.