Raghu Rajan (Migration)

The Administrative Appeals Tribunal considered an application by Raghu Rajan for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant sought to remain in Australia for medical treatment. The delegate of the Minister had previously refused the visa, a decision that Mr. Rajan sought to have reviewed by the Tribunal.

The central legal issue before the Tribunal was whether the applicant was a genuine temporary entrant, as required for the subclass 602 visa. This involved assessing the applicant's stated intention to seek medical treatment against their extensive history in Australia, their migration history, and the evidence provided to support their claims. The Tribunal also considered the applicant's financial circumstances and the nature of their alleged medical condition.

The Tribunal affirmed the delegate's decision, finding that the applicant had not satisfied the criteria for the visa. The Tribunal noted that the applicant had been in Australia since 2007, spending more time in the country than outside it. Furthermore, the applicant had a history of visa cancellations and had previously applied for a permanent visa, indicating an intention to remain in Australia permanently. While the applicant provided some medical evidence of stress and anxiety, the Tribunal found it to be limited and undated. The financial evidence, including a bank balance of $256.40, was also considered insufficient. The Tribunal concluded that the applicant had not demonstrated a genuine intention to stay temporarily for medical treatment.