Mozammel (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, Subclass 602, by Mr Mozammel. The applicant sought to remain in Australia for medical treatment and stated he had no intention of returning to Bangladesh due to risks to his life and political problems. He also claimed to be experiencing chest pain and back problems but was unable to access medical treatment or work without a valid visa and Medicare card. The Tribunal was required to determine whether the applicant met the criteria for the visa.

The primary legal issues before the Tribunal were whether the applicant met the requirements of clause 602.212, specifically subclause (6) concerning being medically unfit to depart Australia, and whether the applicant genuinely intended to stay temporarily in Australia for the purpose of the visa, as required by clause 602.215. The Tribunal considered the applicant's age, his previous application for a permanent visa and stated intention to stay permanently, and the lack of arrangements for medical treatment or payment of costs.

The Tribunal found that the applicant did not meet the criteria for the visa. He was 31 years old and therefore did not meet the age requirement of 50 years under clause 602.212(6). Furthermore, the applicant's stated intention to stay in Australia permanently, his previous application for a permanent visa, and his admission that he did not intend to leave Australia, even if he had to die there, demonstrated a lack of genuine intention to stay temporarily as required by clause 602.215. The Tribunal noted that the exception to the temporary stay requirement, which applies if an applicant is medically unfit to depart, was not met due to the applicant's age.

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