Mohd Zawawi (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 602 Medical Treatment visa made by an applicant seeking to remain in Australia for medication and psychotherapy for depression. The primary issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as required by clause 602.215 of the Migration Regulations.

The Tribunal was required to determine if the applicant met the criteria for a genuine temporary stay, which involves assessing compliance with visa conditions and the applicant's intention to comply with future visa conditions. A specific exception to this requirement exists if the applicant is medically unfit to depart Australia under clause 602.212(6). The Tribunal examined whether the applicant satisfied the conditions of clause 602.212(6), which includes being over 50 years of age, having applied for a permanent visa, and being medically unfit to depart due to a permanent or deteriorating condition.

The Tribunal found that the applicant, who was 31 years old, did not meet the age requirement of clause 602.212(6) and therefore could not rely on the exception to the genuine temporary stay requirement. Consequently, the applicant had to satisfy clause 602.215(1). The Tribunal also considered the applicant's compliance with the conditions of her previous substantive and bridging visas, noting that there was no evidence of her working in contravention of a "no work" condition imposed since September 2018. Despite this finding, the Tribunal concluded that the applicant did not satisfy the requirements for the grant of the visa.

The Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa.