Sarath (Migration)

The Administrative Appeals Tribunal considered an application for a Medical Treatment (Visitor) (Class UB) visa, Subclass 602. The applicant sought to provide emotional and other support to her daughter, Aathmika, who had been granted a Medical Treatment visa. The primary decision under review concerned whether the applicant met the criteria for her own visa.

The central legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 602.212 of Schedule 2 to the Migration Regulations 1994, specifically subclauses (4)(a) and (b), which relate to the basis for the applicant's required stay in Australia as a support person. The Tribunal also had to consider the procedural history concerning the notification to the applicant and her spouse regarding their applications being dependent on their daughter being granted a visa.

The Tribunal accepted the applicant's oral evidence that she was a support person for her daughter. It was also established, through a search of Departmental records, that Aathmika had been granted a Subclass 602 Medical Treatment visa. The Tribunal was satisfied that Aathmika required this visa due to a skin condition necessitating phototherapy and depigmentation. Based on these findings, the Tribunal concluded that clauses 602.212(4)(a) and (b) were met.

Consequently, the Tribunal remitted the application for the Subclass 602 visa for reconsideration by the Minister, with a direction that the applicant meets the specified criteria under clauses 602.212(4)(a) and (b).