TONG (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa by a 25-year-old Malaysian national. The applicant sought to accompany his mother, Ms Bee Guek Kang, to Australia to provide her with emotional support and daily care during her rehabilitation following surgery. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the visa, specifically subclause 602.212(4) of the Migration Regulations 1994, which pertains to support persons.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of subclause 602.212(4) of the Migration Regulations 1994. This subclause requires that the applicant seeks to provide support to a person who meets the criteria for a Subclass 602 visa (or certain other medical treatment visas) and that the person to whom support is to be provided already holds the relevant visa. The Tribunal also considered the impact of its decision regarding the applicant's mother's visa application on the applicant's own eligibility.

The Tribunal reasoned that for the applicant to satisfy subclause 602.212(4)(b), the person to whom he sought to provide support, his mother, must hold a Subclass 602 visa. However, the Tribunal had previously affirmed the decision to refuse the applicant's mother a Subclass 602 visa on 3 January 2019, finding she did not meet the requirements of cl.602.215. The Tribunal notified the applicant of this development and invited comment, explaining that if its decision regarding his mother was relied upon, he would not meet cl.602.212(4)(b) because his mother did not hold the required visa. As no response was received from the applicant, the Tribunal proceeded to make a decision.

Consequently, the Tribunal found that the applicant did not meet the requirements of cl.602.212(4)(b) as his mother did not hold a Subclass 602 visa. Therefore, the applicant did not meet the criteria for the grant of the visa. The Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa.