Rehan (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision concerning an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant sought to remain in Australia for medical treatment for anxiety and depression, with funding to be provided by a sibling. The Tribunal's decision was made by Member Nathan Goetz.

The primary legal issue before the Tribunal was whether the applicant met the requirements for a subclass 602 visa, specifically under clause 602.215 of the Migration Regulations 1994. This involved assessing whether the applicant's intention to stay in Australia was genuinely temporary and whether all necessary arrangements for treatment and financial support had been concluded. A secondary issue arose from the applicant's failure to appear at a scheduled hearing, leading the Tribunal to consider its power to make a decision without the applicant's participation.

The Tribunal found that the applicant failed to satisfy clause 602.215. This conclusion was reached after the applicant did not attend a scheduled telephone hearing, despite being contacted by the Tribunal. The Tribunal noted that the applicant had not returned a requested form and, pursuant to s 362B(1A)(a) of the Migration Act 1958, proceeded to make a decision on the review without further attempts to enable the applicant's appearance. The Tribunal affirmed the decision not to grant the visa.