Ramaya (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602, made by a person seeking to act as a support person for her husband. The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 602.212(4) of Schedule 2 of the Migration Regulations. This clause pertains to applicants seeking to provide emotional and other support to a person who holds a Subclass 602 visa, or certain other medical treatment visas, and who meets specific criteria.

The Tribunal reasoned that clause 602.212(4) requires the applicant to seek to provide support to a person who holds a Subclass 602 visa. In this instance, the applicant sought to support her husband, who had applied for a Subclass 602 Medical Treatment visa. Crucially, the Tribunal noted that in a separate decision, the husband's application for a Medical Treatment (Visitor) (Class UB) visa had been remitted for reconsideration with a direction that he met the criteria in clause 602.215. Consequently, the Tribunal was satisfied that the applicant met clause 602.212(4) because her husband was considered to hold a Subclass 602 Medical Treatment visa for the purposes of her application.

The Tribunal therefore remitted the applicant's application for a Medical Treatment (Visitor) (Class UB) visa for reconsideration by the Minister, with the direction that the applicant met the criteria specified in clause 602.212(4) of Schedule 2 to the Regulations.