Somaru (Migration)

The matter before the Tribunal concerned an application by Mr Somaru, an 86-year-old Fijian national, for a Medical Treatment (Visitor) (Class UB) visa, Subclass 602. Mr Somaru sought to remain in Australia for three months to undergo further medical investigations and treatment for a cardiac abnormality, and for his wife to receive ongoing neurosurgical care. He provided extensive medical evidence indicating that both he and his wife were currently unfit to travel internationally.

The Tribunal was required to determine whether Mr Somaru met the criteria for the Subclass 602 visa, specifically in relation to his genuine intention to stay temporarily and the medical necessity for his extended stay in Australia. A secondary issue arose concerning the eligibility of Mr Somaru's representative to provide assistance, as their migration agent registration had ceased.

The Tribunal reasoned that the substantial medical evidence, including reports from multiple specialists, demonstrated that both Mr Somaru and his wife were medically unfit to travel and required ongoing treatment in Australia. The Tribunal found that Mr Somaru met the requirements of cl. 602.212(4)(a) and cl. 602.215 of Schedule 2 to the Migration Regulations 1994. Regarding the representative's status, the Tribunal noted that while generally prohibited from providing immigration assistance, a lawyer is not prohibited from giving immigration legal assistance, and the representative was assisting pro bono due to a family friendship.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that Mr Somaru met the specified criteria for the Subclass 602 visa. The Tribunal also suggested that the Minister consider the recent evidence regarding the wife's need to remain in Australia until 30 April 2018 when setting the visa period.