Shah Nawaz (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, Subclass 602, made by Mr. Shah Nawaz, a citizen of Pakistan residing in Australia. The applicant sought to remain in Australia for approximately one year to undergo a mandatory haematologist review for Hodgkin’s Lymphoma, a condition from which he had substantially recovered. The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose of receiving medical treatment, as required by clause 602.215 of the Migration Regulations. This clause requires consideration of whether the applicant has complied with previous visa conditions, intends to comply with the conditions of the proposed visa, and any other relevant matters. The Tribunal also considered whether an exception to this requirement, outlined in clause 602.212(6), applied, which relates to applicants who are medically unfit to depart Australia.

The Tribunal found that the applicant did not meet the criteria for the exception under clause 602.212(6) as he was under 50 years of age, had not applied for a permanent visa in Australia that was refused, and there was no evidence he was medically unfit to depart. Consequently, clause 602.215 applied. The Tribunal noted the applicant's migration history, including previous visa refusals and his stated intention to return to Pakistan where he has family. The Tribunal also acknowledged that the applicant had discharged an outstanding debt to the Commonwealth, satisfying Public Interest Criterion 4004 and clause 602.217(1).

The Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under clause 602.215 of the Regulations.