Tan (Migration)

The applicant, Ms Tan, sought review of a decision to refuse her a Subclass 602 Medical Treatment visa. The dispute concerned whether Ms Tan satisfied the requirements for the visa, specifically whether she genuinely intended to stay temporarily in Australia for the purpose of medical treatment.

The Tribunal was required to determine if Ms Tan met the criteria under cl.602.215 of the Migration Regulations 1994, which mandates that an applicant genuinely intends to stay temporarily in Australia for the visa purpose. This assessment involves considering the applicant's compliance with previous visa conditions, their intention to comply with the conditions of the Subclass 602 visa, and any other relevant matters. A specific exception to this requirement applies if the applicant is medically unfit to depart Australia, as defined in cl.602.212(6).

The Tribunal found that Ms Tan did not meet the exception under cl.602.212(6) because she did not satisfy all its sub-criteria. While she was in Australia and had applied for a permanent visa, she was not yet 50 years old, and there was no evidence that she had met all criteria for that permanent visa other than health, nor was there any evidence of her being medically unfit to depart Australia. Consequently, the Tribunal concluded that Ms Tan did not satisfy the requirement of genuinely intending to stay temporarily for the visa purpose.

The Tribunal affirmed the decision not to grant Ms Tan the Subclass 602 Medical Treatment visa.