Stojchevski (Migration)

This matter concerned an application for a Subclass 602 (Medical Treatment) visa by Mr. Stojchevski, who sought to remain in Australia for mental health treatment. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for this visa, specifically whether he genuinely intended to stay temporarily in Australia for the stated purpose and whether he was medically unfit to depart.

The Tribunal considered the applicant's history of visa applications and periods of unlawful residence in Australia, including previous unsuccessful attempts to obtain protection visas and a partner visa. The applicant stated he was seeking treatment for anxiety and depression due to difficulties with his ex-partner and wished to remain in Australia to continue this treatment. The Tribunal also examined the specific requirements of the Migration Regulations 1994, including clause 602.215 concerning the genuine temporary entrant requirement and clause 602.212(6) regarding being medically unfit to depart.

In its reasoning, the Tribunal found that the applicant's extensive history of visa refusals and periods of unlawful status weighed against a finding that he genuinely intended to stay temporarily in Australia. Furthermore, the Tribunal was not satisfied that the applicant met the criteria for being medically unfit to depart, as this would require a written statement from a Medical Officer of the Commonwealth, which was not provided. The Tribunal concluded that the applicant had not satisfied the requirements of clause 602.215 and clause 602.212(6).

Consequently, the Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa.