Miao (Migration)

The Tribunal considered the application of Miao for a Medical Treatment (Visitor) visa (Subclass 602). The applicant sought to remain in Australia until 24 December 2020 to receive treatment for depression. The central dispute concerned whether the applicant genuinely intended to stay in Australia only temporarily for the purpose of receiving medical treatment.

The Tribunal was required to determine if the applicant met the requirements of clause 602.211, which mandates that a visa applicant seeks to visit or remain in Australia temporarily for medical treatment or related purposes. Furthermore, the Tribunal had to assess whether the applicant genuinely intended to stay only temporarily in Australia for the granted visa purpose, as stipulated by clause 602.215. This involved considering the applicant's compliance with previous visa conditions and their intention to comply with the conditions of the Subclass 602 visa, unless medically unfit to depart Australia under specific criteria.

The Tribunal reasoned that while the applicant provided a medical certificate indicating a diagnosis of major depressive disorder, there was a lack of further evidence regarding the course of treatment, prognosis, or the necessity for treatment beyond the requested visa period. Crucially, the Tribunal noted the absence of evidence suggesting that the proposed treatments, such as cognitive behavioural therapy and mindfulness therapy, were unavailable in the applicant's home country of China. This lack of evidence, coupled with the applicant's previous visa cancellations and appeals, led the Tribunal to conclude that the applicant had not demonstrated a genuine intention to remain in Australia only temporarily for medical treatment.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant had not satisfied the criteria for the Subclass 602 Medical Treatment (Visitor) visa.