Savarinathan (Migration)

The Administrative Appeals Tribunal considered an application for review by Mr. Vijayan Savarinathan concerning a Subclass 602 Medical Treatment (Visitor) visa. The core of the dispute revolved around whether Mr. Savarinathan genuinely intended to stay temporarily in Australia for the purpose of receiving medical treatment, as required by the visa subclass.

The Tribunal was tasked with determining if Mr. Savarinathan met the criteria for a Subclass 602 visa, specifically Clause 602.215, which mandates a genuine intention to stay temporarily. This assessment required the Tribunal to consider the applicant's compliance with previous visa conditions and his intention to comply with the conditions of the proposed visa. Crucially, the Tribunal also had to consider whether an exception applied under Clause 602.212(6), which exempts applicants from the temporary stay requirement if they are medically unfit to depart Australia and meet specific age and visa application criteria.

The Tribunal found that Mr. Savarinathan did not meet the criteria for the exception under Clause 602.212(6) as he had not yet turned 50. Consequently, the requirement under Clause 602.215 applied. While acknowledging the applicant's medical conditions, including chronic pain and psychological issues, as evidenced by a letter from his General Practitioner, the Tribunal concluded that there was no evidence demonstrating he was medically unfit to depart Australia. The GP's letter indicated that his conditions were likely to improve and be reassessed in approximately 12 months, suggesting that his medical issues could be managed upon return to Malaysia.

Accordingly, the Tribunal determined that Mr. Savarinathan had not satisfied the genuine intention to stay temporarily requirement for the Subclass 602 visa. The decision under review, which refused the grant of the visa, was therefore affirmed.