The medical visa Australia or medical treatment visa Australia is a temporary visa that allows the visa holder to remain in Australia for a medical treatment. Moreover, a party who needs to support someone else who requires medical treatment can also apply for this visa.
In this article, we will go over important points in relation to medical visa Australia including eligibility, validity and costs associated with the visa.
Medical Visa Australia: Subclass 602
There are certain eligibility requirements that one must meet to obtain the Subclass 602 visa. According to the Department of Home Affairs (DHA), the applicant must:
- intend to have medical treatment or consolation in Australia
- intend to donate an organ to someone in Australia
- intend to receive an organ from someone who travels to Australia with you
- intend to support a patient or organ donor who holds this visa
- intend to come to Australia under the arrangements between the Western Province of Papua New Guinea and the Queensland Department of Health
- be in Australia, aged 50 years or older, been refused an Australian permanent visa on health grounds only and are unfit to depart Australia
Note that the medical condition that the applicant has must not be a threat to the people of the Australian community.
Medical Treatment Visa Australia: Visa Application
People may be eligible to make an application if they have a medical consultation in Australia. They may also be able to apply if they have a medical treatment in Australia. Moreover, they should be able to demonstrate that they have the financial capacity to undertake this medical trip to Australia and cover all medical costs.
Note that they also have to undergo a medical examination to meet the health requirements that are required to obtain medical visa in Australia. Applicants can be of any age to apply for this visa. As with most visa subclasses, applicants must also meet character requirements, i.e. they must be of good character when applying for this visa.
Section 501 of the Migration Act (1958) set out character requirements for visas. Moreover, it is necessary to prove that you are a genuine visitor. This means that you must only intend to:
- stay temporarily in Australia,
- Do the things you are allowed to do on this visa
As of December 2023, the visa application cost for Subclass 602 is AUD 360 if you are applying from within Australia. The visa application cost is free if:
- you are applying from outside Australia, and
- you represent a foreign government
While visa application charges are one thing, you should also consider additional costs. For instance, getting medical checks or health examinations, and character checks may incur additional charges. To understand the full list of things that are necessary for the visa application, visit the DHA’s page.
Medical Visa Australia: Case Study
In the case of Ahmad v Minister for Immigration and Border Protection (No 2)  FCAFC 200, the appellant – Khalil Ahmad – was refused a medical treatment visa. Mr Ahmad applied for a medical visa in January 2017. In the same month, a delegate of the Minister refused to grant the visa to Mr Ahmad.
Following this, Mr Ahmad lodged a review application with the Administrative Appeals Tribunal (AAT). In June 2017, the AAT affirmed the delegate’s decision of not granting the visa to Mr Ahmad.
Specifically, Mr Ahmad failed to meet the criterion in item 3001 of Migration Regulations that states that the applicant must make the medical visa Australia application within 28 days after expiration of their previous substantive visa. Mr Ahmad had applied for the medical visa more than 4 years after his last substance visa had expired.
Why Is the Medical Visa Australia Important?
What types of medical treatments do people typically avail under this visa? Some examples include:
- Medication specialists
- Cosmetic surgery
- Major or minor surgeries
- Organ donation
- In-vitro fertilisation
Sometimes, the DHA grants this visa if the applicant meets the criteria to be unfit to depart Australia. Unfit to depart Australia includes the applicant meeting all of the following requirements:
- the applicant is in Australia;
- the applicant has turned 50;
- the applicant has applied for a permanent visa while in Australia;
- the applicant appears to have met all the criteria for the grant of that visa, other than public interest criteria related to health;
- the applicant has been refused the visa;
- the applicant is medically unfit to depart Australia due to a permanent or deteriorating health condition or disease, as evidenced by a written statement to that effect from a Medical Officer of the Commonwealth
Seeking Advice from Lawyers for Medical Visa Australia
If you are making an application for the Subclass 602 visa, it is important to speak with a leading immigration lawyer. Our team of migration lawyers at JB Solicitors have the experience of dealing with a variety of complex migration law matters.
We have lawyers who can assist you with making applications for the medical visa Australia. If you require more information, do not hesitate to reach out to our expert solicitors today.
Contact us for more information.