Liu (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa by an unlawful non-citizen with an adverse migration history. The applicant sought to remain in Australia temporarily for medical treatment. The Administrative Appeals Tribunal was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as stipulated by clause 602.215 of the Migration Regulations.

The Tribunal considered whether the applicant's intention to stay temporarily was genuine, having regard to their compliance with previous visa conditions and their intention to comply with the conditions of the Subclass 602 visa. Clause 602.215 also provided an exception if the applicant met the requirements of subclause 602.212(6), which related to being medically unfit to depart Australia due to a permanent or deteriorating condition, having applied for and been refused a permanent visa after turning 50.

The Tribunal found that the applicant did not meet the requirements of clause 602.215. Specifically, the evidence did not establish that the applicant was medically unfit to depart Australia as required by subclause 602.212(6). Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.