Maharjan (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. The Tribunal was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, and whether the applicant met the specific requirements of clause 602.215 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied the genuine temporary stay requirement under clause 602.215. This clause mandates 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, clause 602.215 does not apply if the applicant meets the specific criteria outlined in subclause 602.212(6), which relates to being medically unfit to depart Australia.

The Tribunal found that the applicant did not provide evidence of a genuine temporary stay. The applicant's intention to work, cessation of studies, and continued residence in Australia, without current evidence of medical treatment, weighed against a genuine temporary purpose. Furthermore, the applicant failed to meet the requirements of subclause 602.212(6) as they did not provide a written statement from a Medical Officer of the Commonwealth evidencing a permanent or deteriorating disease or health condition rendering them medically unfit to depart Australia. Consequently, the Tribunal affirmed the decision not to grant the visa.