Wolff (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant, who was an unlawful non-citizen with an adverse migration history, sought to remain in Australia for a period of one year to receive treatment for Trigeminal Neuralgia. The Administrative Appeals Tribunal was required to determine whether the applicant satisfied the criteria for the visa, specifically clause 602.215, which mandates a genuine intention to stay temporarily in Australia for the visa's purpose.

The Tribunal considered whether the applicant met the exception to the general criteria outlined in clause 602.212(6). This exception applies if an applicant is medically unfit to depart Australia due to a permanent or deteriorating disease or condition, evidenced by a Medical Officer of the Commonwealth, and meets other specific criteria relating to age, visa applications, and refusal based on health. The Tribunal found that the applicant, aged 37, did not meet the age requirement of 50 years for this exception. Furthermore, there was no evidence that the applicant had applied for a permanent visa, been refused on health grounds, or was medically unfit to depart Australia as required by the clause.

As the exception in clause 602.212(6) was not met, the Tribunal concluded that clause 602.215 applied. The Tribunal found that the applicant had not demonstrated a genuine intention to stay temporarily in Australia for the purpose of medical treatment. The Tribunal affirmed the decision not to grant the applicant the Subclass 602 Medical Treatment (Visitor) visa.