ZHOU (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 602 Medical Treatment (Visitor) visa. The applicant, ZHOU, sought to remain in Australia temporarily for medical treatment. The Tribunal, presided over by Member Stephen Witts, considered the applicant's history and the evidence presented.

The primary legal issue before the Tribunal was whether the applicant genuinely intended to stay temporarily in Australia for the purpose of receiving medical treatment, as required by clause 602.215 of the Migration Regulations. This involved assessing the applicant's migration history, including previous visa applications and refusals, and whether they had complied with visa conditions. The Tribunal also considered the exception to this requirement, which relates to applicants who are medically unfit to depart Australia due to a permanent or deteriorating condition.

The Tribunal found that there was no evidence that the applicant had been receiving any medical treatment in Australia. Furthermore, the applicant's extensive migration history, including multiple applications for permanent visas and a prolonged period in Australia as an unlawful non-citizen, indicated a lack of genuine intention to remain in Australia temporarily. The Tribunal concluded that the applicant did not meet the requirements for the grant of the visa.

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