Moustafa (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602, by an applicant suffering from chronic depression and anxiety. The applicant had a history of visa refusals, unsuccessful reviews and appeals, and had been an unlawful non-citizen. The applicant was not of the specified age, had not made arrangements for ongoing medical treatment, and had passed their original departure date. The Administrative Appeals Tribunal (Cth) was required to determine whether the applicant met the criteria for the grant of the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of Schedule 2, clause 602.212 of the Migration Regulations 1994, specifically concerning the need for concluded arrangements for medical treatment and the genuine temporary stay requirement. The Tribunal also considered the applicant's stated reluctance to return to their home country due to perceived inadequacies in its medical and political stability, and the lack of concrete steps taken to identify an alternative destination.

The Tribunal found that the applicant had not met the requirements for the visa. The applicant had not provided updated medical reports, had ceased prescribed medication, and had not made concrete arrangements for ongoing treatment in Australia. While the applicant expressed concerns about the medical and political situation in their home country, they had not demonstrated a genuine intention to depart Australia or made sufficient efforts to identify an alternative country for treatment or residence. The Tribunal noted the applicant's reliance on friends for support and their expressed desire to work and study, which were not primary purposes for a Medical Treatment visa.

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