Mankolli (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602, by the applicant. The Tribunal was required to determine whether the applicant met the criteria for the grant of this visa, specifically considering whether the applicant was unfit to depart Australia and whether they genuinely intended to stay temporarily in Australia for the purpose of the visa.

The Tribunal considered clause 602.212 of the Migration Regulations 1994, which outlines seven alternative sub-criteria for the grant of the visa. The Tribunal found that the applicant did not meet the requirements of clause 602.212(6) as she had not turned 50, there was no evidence of a permanent visa application meeting all criteria except health, and no evidence of being unfit to depart due to a permanent or deteriorating condition as certified by a Medical Officer of the Commonwealth. Furthermore, the Tribunal assessed clause 602.215, which requires a genuine intention to stay temporarily. The Tribunal had regard to the applicant's extensive and complex migration history, which included multiple visa applications, refusals, and appeals spanning from 2009 to 2017, and noted that the applicant had been granted numerous bridging visas with the expectation of departure.

The Tribunal concluded that the applicant did not satisfy the requirements for the grant of the visa. Consequently, the decision under review, which was not to grant the visa, was affirmed.