Patel (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant sought to visit or remain in Australia temporarily for medical treatment. The delegate had refused the visa on the grounds that the applicant had not demonstrated sufficient funds to cover the costs of medical treatment and living expenses in Australia, failing to meet subclause 602.216 of the Regulations. The applicant had initially disclosed savings of $8538.

The Tribunal was required to determine whether the applicant met the criteria for the subclass 602 visa, specifically whether she had sufficient funds to cover her medical treatment and living expenses in Australia, and whether she was seeking to visit or remain in Australia for the purpose of medical treatment. The Tribunal also considered evidence regarding the applicant's ongoing medical treatment for seizures, as detailed in a letter from her treating neurologist.

The Tribunal found that the applicant was indeed receiving ongoing medical treatment and that her purpose for seeking entry to Australia was for such treatment, thus satisfying subclause 602.211. Crucially, the Tribunal accepted updated financial information provided after the hearing, which indicated the applicant now had access to approximately $19,600 in savings, and that her spouse was employed. Based on this updated financial position, the Tribunal was satisfied that the applicant had sufficient funds to cover her medical treatment and living expenses in Australia, thereby meeting subclause 602.216.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under cl 602.216 of Schedule 2 to the Regulations.