Zhang (Migration)

This matter concerned an application for a Subclass 602 Medical Treatment (Visitor) visa. The applicant sought to remain in Australia temporarily for medical treatment. The Tribunal was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose of the visa, and whether the applicant was medically unfit to depart Australia.

The Tribunal considered clause 602.215 of the Migration Regulations, which outlines the requirements for a genuine temporary stay. This clause mandates consideration of 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. Crucially, clause 602.215 does not apply if the applicant meets the criteria set out in clause 602.212(6), which pertains to being medically unfit to depart Australia. The criteria for being medically unfit to depart include being in Australia, having turned 50, having applied for and been refused a permanent visa in Australia where all criteria other than health were met, and being medically unfit to depart due to a permanent or deteriorating condition evidenced by a Medical Officer of the Commonwealth.

The Tribunal found that the applicant had not provided the required written statement from a Medical Officer of the Commonwealth to evidence a medical unfitness to depart Australia, as stipulated by clause 602.212(6)(f). Consequently, the exception to the genuine temporary stay requirement did not apply. The Tribunal concluded that the applicant did not meet the requirements for the grant of the visa.

The Tribunal affirmed the decision not to grant the applicant the Subclass 602 Medical Treatment (Visitor) visa.