Sethia (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment visa. The applicant, who arrived in Australia in 2010, sought to remain in Australia for medical treatment. The Tribunal was required to determine whether the applicant met the requirements of clause 602.215 of the Migration Regulations 1994, specifically whether the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted.

The Tribunal considered whether the applicant met the criteria outlined in clause 602.215, which requires substantial compliance with previous visa conditions and an intention to comply with the conditions of the proposed visa. The Tribunal also examined the exception to this requirement under clause 602.212(6), which applies if an applicant is medically unfit to depart Australia. The applicant was found to be 42 years old and there was no evidence from a Commonwealth Medical Officer to support a claim of being medically unfit to depart.

The Tribunal found that the applicant had not demonstrated a genuine intention to remain in Australia only temporarily for medical treatment. The applicant's history included a cancelled Student visa, a period of unlawful residence, and a refused partner visa following the death of their sponsoring partner. Despite the applicant's medical condition and a renewed request for ministerial intervention, the Tribunal affirmed the decision not to grant the visa, as the applicant did not satisfy the requirements of clause 602.215.