Kumari (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment visa. The applicant sought to remain in Australia for medical treatment, having originally applied in May 2019 for treatment for back and heel pain. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically under clause 602.212, which outlines the permitted purposes for such a visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 602.212 of the Migration Regulations 1994, particularly in light of the fact that the period for which the visa was originally sought had passed. The Tribunal also considered whether the applicant met clause 602.215, although the provided text focuses on the former. The applicant had provided updated submissions referencing ongoing medical ailments and stress due to the COVID-19 pandemic in her home country, but without specific evidence of current medical treatment arrangements.

The Tribunal reasoned that the applicant had not provided sufficient evidence to demonstrate that she met the requirements of clause 602.212 at the time of the Tribunal's decision. While the applicant had scheduled an appointment with a psychologist and indicated a report would take time to prepare, this did not establish that arrangements for medical treatment had been concluded, as required by the regulations. Given the lack of updated evidence regarding her medical condition and treatment plans, and the passage of time since the original application, the Tribunal concluded that the applicant did not meet the necessary criteria for the visa. Consequently, the Tribunal affirmed the decision not to grant the visa.