Mohan Singh (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister to refuse Mr. Mohan Singh a Medical Treatment (Visitor) (Class UB) visa, subclass 602. Mr. Singh, a 73-year-old Indian citizen, sought to remain in Australia for medical treatment for NIDDM and hypertension between August and October 2021. He had previously overstayed a visa and had a history of remaining in Australia on successive temporary visas since May 2019.

The primary legal issue before the Tribunal was whether Mr. Singh was a genuine temporary entrant who intended to remain in Australia only for the purpose of receiving medical treatment and whether he had a sufficient incentive to depart Australia upon completion of that treatment. The delegate had expressed concerns about the length of Mr. Singh's cumulative stays in Australia and his migration history, finding that he appeared to be using the medical treatment visa pathway to maintain ongoing residence rather than for a genuine temporary stay.

The Tribunal considered the evidence provided by Mr. Singh, including a letter from himself and his wife asserting their strong ties to India, ownership of property and business interests there, and the intention to return after treatment. However, the delegate noted a lack of further evidence to substantiate these claims and support his intention to depart. The Tribunal also issued a request for further information from Mr. Singh regarding the specifics of his medical treatment, its duration, and any additional evidence demonstrating his genuine intention to stay temporarily in Australia. The Tribunal indicated that it might make a decision without further steps if this information was not provided.