OCAMPO VALERO (Migration)

The applicant, Ocampo Valero, sought review of a decision not to grant him a Subclass 602 Medical Treatment visa. The visa is intended for individuals seeking to visit or remain in Australia temporarily for medical treatment or related purposes. The applicant had applied for the visa to receive treatment for hypothyroidism, dyslipidaemia, and low testosterone levels between December 2022 and April 2023.

The primary legal issue before the Tribunal was whether the applicant genuinely needed, and continued to need, the visa for medical treatment as required by clause 602.211 of the Migration Regulations. This involved assessing whether the proposed treatments for his conditions were such that they could not be adequately or affordably provided in his home country, Colombia.

The Tribunal noted that the applicant had remained in Australia for over five months beyond the period for which he sought the visa. Consequently, the Tribunal required the applicant to provide oral evidence to satisfy the genuine temporary stay requirement. This evidence was needed to clarify the nature of his conditions, the prescribed medications, the treatments he had received or required, and whether these could be afforded in Colombia. As the applicant's existing documentation did not provide sufficient information to satisfy the Tribunal on these points, and he failed to provide further evidence, the Tribunal was not satisfied that he met the requirements of clause 602.211.

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