Suri (Migration)

The Administrative Appeals Tribunal considered an application for a Medical Treatment (Visitor) (Class UB) visa, Subclass 602, made by an applicant who had suffered serious injuries in a motor vehicle accident. The applicant sought to remain in Australia for ongoing medical treatment related to the accident, which had resulted in the death of one child and severe injuries to herself and other family members.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 602.212 of Schedule 2 to the Regulations, specifically concerning the genuine temporary stay for medical treatment. This involved assessing whether arrangements had been concluded for the medical treatment, that the applicant posed no threat to public health, and crucially, that arrangements had been made for the payment of all treatment and associated expenses, and that these costs would not be a charge on the Commonwealth or a state or territory.

The Tribunal found that the applicant had ongoing physical and psychological medical needs stemming from the accident, including back pain, arm dysfunction, and depression, which could be met in the short term in Australia. It was satisfied that the applicant met several criteria under subclause 602.212, including seeking medical treatment, having arrangements in place for that treatment, being free from conditions posing a threat to public health, and having made arrangements for the payment of all costs. The Tribunal noted the applicant's intention to return to Singapore after treatment and the support of friends and family in Australia.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under subclause 602.212 of Schedule 2 to the Regulations.