Liew (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought to remain in Australia temporarily for medical treatment for social anxiety and persistent depressive disorder. The core issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the stated visa purpose, as required by clause 602.215 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria for a Subclass 602 visa, specifically considering whether she was medically unfit to depart Australia under clause 602.212(6). This subclause requires the applicant to have turned 50, have applied for a permanent visa in Australia, appear to meet all criteria for that visa except health, have been refused that visa, and be medically unfit to depart due to a permanent or deteriorating condition evidenced by a Medical Officer of the Commonwealth. The Tribunal also had to assess the applicant's genuine intention to stay temporarily, considering her compliance with previous visa conditions, her intention to comply with the proposed visa conditions, and any other relevant matters.

The Tribunal found that the applicant did not meet the criteria under clause 602.212(6) as she had not turned 50. Consequently, the exception to the genuine temporary stay requirement did not apply. The Tribunal noted that the applicant sought treatment for social anxiety and persistent depressive disorder, which is a purpose for which a Medical Treatment visa may be granted. However, the Tribunal concluded that the applicant had not demonstrated a genuine intention to stay temporarily for the visa purpose, and therefore, the decision under review to refuse the visa was affirmed.