Singh (Migration)

The applicant, Mr. Singh, sought review of a decision to refuse him a Subclass 602 Medical Treatment visa. The visa was sought for the purpose of receiving treatment for depression and anxiety. The court was required to determine whether the applicant was genuinely seeking medical treatment in Australia, whether he genuinely intended to stay temporarily, and if not, whether he was medically unfit to leave Australia.

The court considered the applicant's migration history, including a previous partner visa refusal on credibility grounds. The applicant had originally applied for a visa to remain in Australia from December 2019 to December 2020 for treatment. He stated he had been prescribed Escitalopram 10mg daily but had received no other treatment or therapy, nor had the efficacy of the medication been monitored. The court noted that the medication was readily available and inexpensive in the applicant's home country, India, and that the applicant expressed distrust of doctors there. The court also observed that the period for which the visa was originally sought had long passed, and despite remaining in Australia on a bridging visa for two years, the applicant provided no evidence to support his claims or demonstrate progress in his treatment.

Given the applicant's visa history, the availability of treatment in his home country, the lack of evidence of ongoing or effective treatment in Australia, and the passage of time since the original application, the court found that the applicant had not demonstrated a genuine intention to obtain medical treatment or to stay temporarily. The court also noted that the applicant had been given opportunities to provide further information and had not done so. Consequently, the court affirmed the decision not to grant the visa.