Onah (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought to remain in Australia for psychological and Cognitive Behavioural Therapy treatment between June 2022 and March 2023. The decision under review was affirmed by the Tribunal, presided over by Catherine Carney-Orsborn.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay in Australia temporarily for the purpose for which the visa was granted, as required by clause 602.215 of the Migration Regulations 1994. The Tribunal was also required to consider whether the applicant was medically unfit to depart Australia, as per clause 602.212(6), which would exempt them from the general temporary stay requirement.

The Tribunal noted that the applicant's stated treatment period had already lapsed by the time of the decision. While the applicant provided a psychologist's report from April 2019 detailing mood swings, clinical depression, and post-traumatic stress disorder stemming from events in 2017, this evidence was considered insufficient to establish a current medical unfitness to depart. The Tribunal found that the applicant had not met the requirements for the visa, specifically the genuine temporary stay requirement, and that the exception for medical unfitness to depart was not satisfied due to a lack of current medical evidence.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 602 Medical Treatment visa.