Li (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602, by a Chinese citizen residing in Australia. The applicant sought to remain in Australia for approximately three months for medical treatment, with her stay to be funded by her daughter and son-in-law. The decision under review was affirmed by the Tribunal.

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 granted, as required by clause 602.215 of the Migration Regulations 1994. This clause requires consideration of the applicant's compliance with previous visa conditions, their intention to comply with the conditions of the proposed visa, and any other relevant matters. Crucially, this requirement does not apply if the applicant meets the criteria for being medically unfit to depart Australia under clause 602.212(6).

The Tribunal found that the applicant did not meet the criteria for being medically unfit to depart Australia, as she had not applied for a permanent visa in Australia that was refused, nor was there evidence from a Medical Officer of the Commonwealth indicating she was medically unfit to travel due to a permanent or deteriorating condition. Consequently, clause 602.215 applied. The Tribunal considered the applicant's migration history, her stated intention for medical treatment, and the provided financial documentation. However, the Tribunal concluded that, based on the cumulative findings, the applicant did not satisfy the requirements of clause 602.215.

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