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Medical Treatment (Subclass 602) Visa for Mental Illness requiring psychological therapy

The Applicant was a national of the Philippines who had been suffering from Anxiety and Depression due to his unstable visa history and due to a recent visa refusal due to an invalid Student (Subclass 500) Application. The Applicant was a final year nursing student who had failed to attach a Certificate of Enrolment to his Student Visa Application, as he was completing the practical element of this degree. The Applicant therefore was unlawfully remaining in Australia and was subsequently put on a Bridging E (Subclass 050) Visa.

The Applicant was in need of medical assistance to manage his mental illness through psychological therapy as he suffered from anxiety and depression which has been brought upon by a recent visa refusal. He suffered from severe anxiety and depression. The Applicant had previously resided in Australia as a Student in 2016 and had not departed since. For a Subclass 602 Visa, under Subclause 600.21 of the Migration Regulations, we needed to ensure we displayed our client had a genuine intention to reside in Australia temporarily. Usually, it is difficult to demonstrate an Applicants genuine intentions, and subsequently, to demonstrate they meet the Genuine Temporary Entrant Requirement, when they have previously remained in Australia and had not left. We also needed to demonstrate that the Applicant intended not to study during the course of his medical Treatment also.

CASE STRATEGY

After receiving a s56 Initiation to Comment by the Department, we devised a Genuine Temporary Entrant Submission, and debated that the Applicant had substantial ties to his home country of the Philippines, which evidence his genuine intention to reside in Australia temporarily, on the basis that he requires psychological treatment. We also demonstrated this with calculated references to documentation and evidence, in order to fulfill his Genuine Temporary Entry Requirements.

CASE OUTCOME

The Department found that the Applicant did in fact meet the genuine Temporary Entrant Requirement and found his claims to seek Medical Treatment to be plausible and the Applicant was granted a medical Treatment (Subclass 602) Visa on 14 April 2022, which allowed the Applicant to receive psychological therapy which he required.

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