Subclass 602 Medical Treatment Visa Secured After Aged Parent Visa Refused for New Medical Condition

Visa TypeSubclass 602

CategoryAll Cases

Case Summary

An 82-year-old applicant's Subclass 804 Aged Parent visa was refused after he was diagnosed with a new medical condition following his arrival in Australia. We pivoted to a Subclass 602 Medical Treatment Visa, establishing that the applicant's only child in Australia was the sole available carer and that the medical condition required ongoing care.

Background

Our 82-year-old client had arrived in Australia and wished to remain permanently with his only child, an Australian permanent resident. We prepared and lodged a Subclass 804 Aged Parent visa application, supported by detailed submissions documenting that he was living alone in his home country and that his sponsor was the only family member available to care for him. However, the Department refused the application because the applicant had developed a medical condition since his arrival. We then identified the Subclass 602 Medical Treatment Visa as a viable alternative pathway.

Challenges

804 Aged Parent Visa refused due to a new medical condition developing after arrival
Required identifying an alternative pathway appropriate to the changed circumstances
Evidence of the applicant's care needs and the sponsor's role as sole carer needed to be recompiled

How We Helped

We pivoted to a Subclass 602 Medical Treatment Visa, compiling a new submission explaining why the sponsor was the only relative available to care for the applicant and why his ongoing medical condition required continued access to treatment in Australia. We prepared detailed medical documentation from a physician establishing the severity of the condition and the applicant's daily care needs, and demonstrated that the applicant satisfied the balance of family test.

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Key Success Factors

Lateral thinking in identifying the Subclass 602 pathway as an appropriate alternative after the 804 refusal
Detailed medical documentation substantiating the condition's severity and ongoing treatment needs
Evidence satisfying the balance of family test and establishing the sole carer argument

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Outcome

The Subclass 602 Medical Treatment Visa was granted and the applicant is currently receiving treatment in Australia.

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