Singh (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment visa. The applicant, who was immobile and reliant on their adult children for all necessary support, sought to remain in Australia for life-saving medical treatment not available in Fiji. The primary dispute revolved around whether the applicant met the genuine temporary entrant (GTE) requirements and the criteria for being medically unfit to depart Australia.

The Tribunal was required to determine if the applicant genuinely intended to stay temporarily in Australia for the purpose of medical treatment, as stipulated by clause 602.215 of the Migration Regulations 1994. This involved considering the applicant's compliance with previous visa conditions and their intention to comply with the conditions of the Subclass 602 visa. Crucially, the Tribunal also had to assess whether the applicant met the specific requirements of clause 602.212(6), which outlines the conditions under which an applicant is considered medically unfit to depart Australia.

The Tribunal found that while the applicant was medically unfit to depart Australia due to a permanent health condition, this condition was not evidenced by a written statement from a Medical Officer of the Commonwealth, as required by clause 602.212(6)(f). Consequently, the applicant did not satisfy the criteria for being medically unfit to depart under that specific subclause. However, the Tribunal determined that the applicant did meet the GTE requirement under clause 602.215.

Given these findings, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the GTE criteria for a Subclass 602 visa. The reconsideration was to address the remaining criteria for the grant of the visa.