Zhou (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mrs Hong Zhou, a national of China, who sought review of a decision not to grant her a Subclass 602 Medical Treatment (Visitor) visa. Mrs Zhou had arrived in Australia in 2002 and had made several previous unsuccessful applications for visas, including a Protection visa, and had also sought ministerial intervention. At the time of the review, she held a Bridging Visa. The purpose of the visa application was to obtain psychological counselling for adjustment disorder.

The primary legal issues before the Tribunal were whether Mrs Zhou genuinely intended to stay temporarily in Australia for the purpose of receiving medical treatment, and whether she met the criteria for the Subclass 602 visa. Specifically, the Tribunal had to consider clause 602.215 of the Migration Regulations 1994, which requires an applicant to demonstrate a genuine intention to stay temporarily for the visa's purpose, and whether the applicant was medically unfit to depart Australia, as per clause 602.212(6). The Tribunal also considered the Minister's guidelines for the exercise of public interest powers, particularly in relation to strong compassionate circumstances.

The Tribunal found that Mrs Zhou had not provided sufficient evidence to satisfy the requirements for the visa. While a medical practitioner had opined that she had adjustment disorder requiring counselling, Mrs Zhou stated she was not currently receiving treatment or taking medication, and had not provided evidence of a need for ongoing treatment or that a long flight would be injurious to her health. The Tribunal noted her previous unsuccessful visa applications and her current situation, including separation from her children, one of whom was an Australian citizen and a protection visa holder. Despite acknowledging these compassionate circumstances, the Tribunal concluded that, considering the family's situation and their contribution to it, a referral for ministerial intervention was not warranted on this occasion.

Consequently, the Tribunal affirmed the decision not to grant Mrs Zhou the Subclass 602 Medical Treatment visa. The Tribunal also noted that Mrs Zhou could still make a direct request to the Minister for intervention.