Liang (Migration)

This matter concerned an application for review by the applicant, who was offshore, of a decision to affirm the refusal of a Subclass 602 Medical Treatment (Visitor) visa. The applicant had sought to enter Australia for medical treatment for depression, intending to self-fund his stay. The Tribunal had proceeded to make a decision without further action to enable the applicant to appear, as he had not responded to a hearing invitation and had provided no further evidence.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose of medical treatment, as required for a Subclass 602 visa. Specifically, the Tribunal considered whether the applicant met any of the alternative sub-criteria under clause 602.212 of the Migration Regulations 1994, which outline the basis for requiring a stay in Australia for medical treatment.

The Tribunal reasoned that the applicant did not meet the requirements of clause 602.212. It noted that the applicant was not in Australia, had not turned 50, and there was no evidence he had applied for a permanent visa in Australia, met its criteria (other than health), been refused, or was medically unfit to depart Australia as evidenced by a Medical Officer of the Commonwealth, which are conditions under subclause 602.212(6). As the applicant did not satisfy any of the relevant sub-criteria, the Tribunal found that clause 602.215 was not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 602 Medical Treatment (Visitor) visa.