Parra Sepulveda (Migration)

The Administrative Appeals Tribunal affirmed a decision to refuse a Subclass 602 Medical Treatment visa. The applicant initially sought the visa to support his father-in-law, who was applying for a similar visa. However, the Tribunal had separately affirmed the refusal of the father-in-law's visa, finding he did not genuinely intend to stay temporarily in Australia for medical treatment. Subsequently, the applicant claimed he himself required medical treatment for work-related bullying and stress, with his employer accepting liability for a psychological injury.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 602 visa, specifically whether he genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, as stipulated by clause 601.215 of the Regulations. This involved considering the applicant's compliance with previous visa conditions and his intention to comply with the conditions of the Subclass 602 visa, which would include not working in Australia and not engaging in study or training for more than three months.

The Tribunal reasoned that as the applicant's father-in-law's visa had been refused, the applicant could not satisfy subclause 601.212(4) which requires the person being supported to hold a Subclass 602 visa. Furthermore, the Tribunal considered the applicant's later claim for his own medical treatment. However, it found that the applicant did not meet subclause 601.212(6) as he had not applied for a permanent visa. Consequently, the primary issue remained whether the applicant genuinely intended to stay temporarily for the purpose of medical treatment. The Tribunal noted the applicant's migration history, including his arrival in 2012 on a student visa which expired in 2020, and a subsequent withdrawn application for a 482 visa. Despite the applicant's claims regarding his current health, the Tribunal found no evidence of non-compliance with his previous visa conditions.

The Tribunal affirmed the decision under review, concluding that the applicant did not meet the requirements for the Subclass 602 Medical Treatment visa.