Mercado Fernandez (Migration)

This matter concerned an application for a Subclass 602 (Medical Treatment) visa, where the applicant sought to enter Australia as a support person for their spouse. The decision was made by the Tribunal, with Member Joseph Lindsay presiding.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 602 visa, specifically in their capacity as a support person. This involved considering the applicant's spouse's eligibility for a Medical Treatment (Visitor) (Class UB) visa and the applicant's role in providing emotional and other support.

The Tribunal reasoned that because the applicant's spouse's application for a Medical Treatment (Visitor) (Class UB) visa had been remitted for reconsideration with a direction that the spouse met clause 602.211 of Schedule 2 to the Regulations, the applicant also satisfied the criteria under clause 602.212(4) of Schedule 2. This clause pertains to applicants seeking to provide support to a person who meets specific requirements.

Consequently, the Tribunal remitted the applicant's application for a Subclass 602 visa for reconsideration, with the direction that the applicant meets the criteria set out in clause 602.212 of Schedule 2 to the Regulations.