PILANIA (Migration)

The Administrative Appeals Tribunal, constituted by Member Tania Flood, considered an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant, who had previously applied unsuccessfully for a permanent visa and exhausted appeals in the Federal Court and High Court, sought to remain in Australia for medical treatment for depression. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether they were medically unfit to depart Australia under clause 602.212(6) and whether they genuinely intended to stay temporarily in Australia for the purpose of medical treatment under clause 602.215.

The Tribunal found that the applicant did not meet the requirements of clause 602.212(6) as they had not attained the age of 50, a prerequisite for this subclause. Consequently, the general requirement under clause 602.215 regarding a genuine intention to stay temporarily applied. The applicant claimed to require counselling and behaviour therapy for depression, but the Department's file contained no supporting medical information or reports. Given the lack of evidence to substantiate the medical claims and the failure to meet the specific criteria for being medically unfit to depart, the Tribunal concluded that the applicant had not satisfied the requirements for the grant of the visa.

Accordingly, the Tribunal affirmed the decision under review, which was the refusal to grant the applicant a Subclass 602 Medical Treatment (Visitor) visa.