Zhang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by a Chinese citizen for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The applicant sought to remain in Australia for 12 months to receive treatment for back and wrist pain. The AAT was required to determine whether the applicant genuinely intended to stay temporarily in Australia for the purpose of medical treatment, as required by clause 602.215 of the Migration Regulations 1994 (Cth).

The Tribunal's assessment focused on the applicant's immigration history and his genuine intention to comply with the temporary nature of the visa. The applicant had a lengthy history of unlawful residence in Australia, spanning over eight years. His previous visa applications, including one for a permanent visa and a prior application for a subclass 602 visa, had been refused, with the AAT affirming those refusals on the basis that he did not genuinely intend to stay temporarily. Furthermore, the applicant had arrived in Australia in 2006 and had not departed since, and his most recent application for a subclass 602 visa was lodged shortly after a previous refusal of the same visa type.

The AAT found that the applicant's extensive immigration history, including prolonged periods of unlawful status and previous unsuccessful attempts to secure a visa based on a genuine temporary stay, weighed heavily against his claim. Despite the applicant's stated intention to receive medical treatment and his current circumstances, including a partner awaiting a residence application and twin daughters born in Australia, the Tribunal concluded that these factors did not sufficiently outweigh the cumulative effect of his past conduct. The Tribunal determined that the applicant had not substantially complied with visa conditions in the past and that his overall immigration history indicated a lack of genuine intention to temporarily remain in Australia for the stated medical purpose.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa, subclass 602, finding that he did not meet the criteria under clause 602.215 of the Migration Regulations 1994.