Si (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 602 Medical Treatment (Visitor) (Class UB) visa. The applicant, who had been residing in Australia for an extended period, sought to remain in the country temporarily for medical treatment. The Tribunal was tasked with determining whether the applicant met the criteria for this visa subclass.

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 assessment involved considering the applicant's compliance with the conditions of their previous visas, their intention to comply with the conditions of the proposed visa, and any other relevant matters. The Tribunal also had to determine if an exception to this requirement, outlined in clause 602.212(6) concerning medical unfitness to depart Australia, applied to the applicant.

The Tribunal reasoned that the applicant did not meet the criteria for the exception under clause 602.212(6) as there was no evidence of medical unfitness to depart Australia. Consequently, the general requirement under clause 602.215 applied. The Tribunal noted the applicant's lengthy period of unlawful residence in Australia since 2000, including a refused permanent visa application and subsequent unsuccessful review. Given this history and the lack of evidence supporting a genuine temporary stay for medical treatment, the Tribunal concluded that the applicant did not satisfy the requirements of clause 602.215.

Accordingly, the Tribunal affirmed the decision not to grant the applicant the Subclass 602 Medical Treatment visa.