Morris (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment visa. The applicant sought to enter or remain in Australia for medical treatment. The central dispute revolved around whether the applicant met the requirements of clause 602.212(2) of the Migration Regulations 1994, specifically concerning the conclusion of arrangements for treatment and payment of associated costs. The Administrative Appeals Tribunal (AAT) considered the evidence presented regarding the applicant's medical condition and treatment plans.

The AAT was required to determine if the applicant had met the criterion under cl 602.212(2), which necessitates that arrangements for medical treatment have been concluded, the applicant is free from diseases posing a threat to public health, and arrangements for payment of all costs associated with treatment and stay have been concluded, ensuring these costs will not be a charge on an Australian government or public authority, or that relevant approval for payment has been obtained. The Tribunal noted that the applicant sought treatment for birth defects resulting from congenital rubella syndrome and that other sub-criteria of cl 602.212 were not relevant.

The Tribunal found that the evidence supported the conclusion that arrangements for the applicant's medical treatment had been concluded. This was evidenced by scheduled appointments at various medical centres, correspondence from care providers detailing the applicant's long-term disability and medical needs, and confirmation from medical practitioners regarding ongoing monitoring and treatment requirements for severe hypertension and congenital heart disease. The Tribunal accepted that the applicant would require intensive medical treatment in Australia for at least five years.

Based on these findings, the Tribunal determined that the applicant met the requirements of cl 602.212(2). Consequently, the Tribunal remitted the application for the Subclass 602 visa to the Minister for reconsideration, with a direction that the applicant satisfies this specific criterion.