Sidhar (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602, by a four-year-old boy. The applicant was born in Australia and had resided there since birth, attending childcare and speaking English. His mother sought for him to remain in Australia to receive a basic education. The decision under review was made by the Migration Review Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 602.215 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, considering his substantial compliance with previous visa conditions, his intention to comply with the subclass 602 visa conditions, and any other relevant matters.

The Tribunal found that the applicant's stated purpose for applying for a Medical Treatment visa, described as "Dependent on Mum" with no specific medical treatment arranged, was inconsistent with his mother's evidence that her primary motive for his remaining in Australia was for his education. Given that the applicant was a healthy child, the Tribunal was not satisfied that he genuinely intended to stay temporarily in Australia for a medical treatment purpose. Consequently, the Tribunal concluded that the applicant did not meet the requirements of clause 602.215 and affirmed the decision not to grant the visa. The Tribunal also considered a request to refer the case to the Minister under section 351 of the Migration Act 1958 but decided not to do so, as the matters raised did not appear to fall within the relevant ministerial guidelines.