Rose (Migration)

The Administrative Appeals Tribunal considered an application for a Confirmatory (Residence) (Class AK) visa, Subclass 808, made by Mr Rose. The core of the dispute concerned whether Mr Rose met the criteria for the visa, given his complex medical needs and inability to depart Australia.

The Tribunal was required to determine if Mr Rose's circumstances warranted a referral to the Minister for consideration of ministerial intervention on compassionate grounds. This involved assessing whether his medical condition and the high level of care required rendered him unfit to depart Australia, thereby making his visa application bound to be unsuccessful under the standard criteria.

The Tribunal reasoned that while Mr Rose did not satisfy the standard criteria for the visa, his exceptional circumstances, particularly his complex medical needs and the high level of care he required, justified a referral for ministerial intervention. The Tribunal recommended that the Minister consider Mr Rose's case on compassionate grounds. Consequently, the Tribunal affirmed the decision under review but strongly recommended that the Minister exercise his discretion to intervene in Mr Rose's favour.