Singchart (Migration)

The applicant, a citizen of Thailand, sought review of a decision to refuse him a Subclass 602 (Medical Treatment) visa. He had applied for the visa on the basis that he intended to remain in Australia to support his wife, who was also seeking a Medical Treatment visa to undergo medical treatment in Australia. The delegate refused to grant the applicant a visa, finding he did not meet the criteria under clause 602.212 of Schedule 2 to the Migration Regulations 1994 (Cth). The applicant and his wife’s applications were heard together by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 602.212 of Schedule 2 to the Migration Regulations 1994 (Cth) for a Subclass 602 visa as a support person. Specifically, the Tribunal had to determine if the applicant met the criteria outlined in subclause (4) of clause 602.212, which requires the applicant to be providing support to another applicant who meets certain medical treatment visa criteria, and that the person being supported holds a valid medical treatment visa.

The Tribunal reasoned that for the applicant to qualify as a support person under clause 602.212(4), the person to whom he was providing support (his wife) must hold a Subclass 602 visa granted on the basis that she met the requirements of subclause (2) or (3) of clause 602.212. As the delegate had refused to grant the applicant's wife a visa because she did not satisfy clause 602.216, and by extension, had not met the criteria for a medical treatment visa under subclause (2), the applicant could not satisfy the condition in clause 602.212(4)(b)(i). Consequently, the applicant did not meet the requirements for a support person visa.

The Tribunal affirmed the decision to refuse to grant the applicant a Medical Treatment (Visitor) (class UB) visa.